A waqf property in Kolkata has been encroached by a private builder, what is the remedy under the state waqf law?
VI Asked by Vikram Patel from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Waqf properties are governed by West Bengal Premises Tenancy Act 1997 and the state waqf board's rules applicable in Kolkata. The Calcutta High Court has held that waqf properties are public properties and encroachment must be removed expeditiously.
You can file a complaint with the state waqf board, which can order eviction. A suit for possession can be filed before the waqf tribunal within the limitation period.
The board must survey and publish a list of waqf properties. Alienation of waqf property without the board's permission is void.
The board can lease the property only through a transparent auction process.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.