ANJUMAN ISLAMIYA COMMITTEE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner has called in question the impugned order passed by the Collector, District Kondagaon, deciding the petitioner's application for removal of encroachment from kabrastan, stating the same to be a waqf property.

(2.) AFTER making enquiry and hearing the parties, the Collector, Kondagaon, has concluded that the subject land bearing khasra No. 823 area 2.33 acres situated at village Vishrampuri, Keshkal, District Kondagaon, is Government forest land, having been entered in the revenue record as 'Chhote Jhad Ke Jungle'. The Collector has recorded the findings by a detailed order running into 14 pages. It has considered the submission and evidence put forth by the petitioner as well as the enquiry report received from Tahsildar, Vishrampuri.

(3.) HAVING heard learned counsel for the parties and having perused the scheme of the Act, 1995, it is manifest that the list of auqaf, is defined under Section 3(g) of the Act, 1995 to mean the list of auqaf published under sub -section (2) of Section 5 or contained in the register of auqaf maintained under Section 37.