- (1.) Heard learned Counsel for the parties.
(2.) The petitioners herein are citizens of Agra and belonging to the Shia community. The petitioners claim that their forefathers are buried in the precinct of .a ,mazar.. The mazar in question is known as "Mazar Shaheed-e-Salis" which is situated at Dayal Bagh Road, Agra. The Mazar is under the management of respondent No. 5, Shia Central Board of Waqfs and the grievance of the petitioners is that the Board has granted permission for making certain constructions in that property whereby they fear that the graves of their ancestors would be damaged. This petition is, therefore, filed with the prayer to restrain the respondents from interfering, altering, alienating and dismantling.the graves from the waqfs property.
(3.) Amongst others, the submission of Mr. Naqvi is that although the property is under the management of the respondent No... 5, Wagfs Board, the Activities of the Board are regulated by the provisions of the Waqfs Act, 1995. The functions of the Board are laid down under Section 32 of the Act and though the Board is permitted to delegate some of its-functions/powers in writing to any member or Secretary or any officer or servant of the Board under Section 27 of the Waqfs Act. The ,submission of Mr. Naqvi is that there is no such authorisation and that the proposed construction is illegal.;