Whether on issuing enforcement of order u/s 55 of wakf act 95 summons to illegal encroacher is nece

Guest (Querist) 23 December 2012 This query is : Resolved
Respected Expert

In a case U/s 54 of Wakf Act illegal encroacher appeared through his counsel and order has been passed against him and an execution petition for enforment of order has been filed. Will you pls guide me that Ld. Sub Divisional Magistrate can issue summons to the illegal encroacher or passed an order to vacate the wakf property

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Nadeem Qureshi (Expert) 23 December 2012
Dear Javed Shab
SDM have no power to issue Notice/Summons to encroacher, SDM have only power to evicting the encroacher to remove the encroachment or vacate the land, building, space or other property and to deliver possession thereof to the concerned Muttawalli and SDM also empower to take such police assistance as may be necessary.(Section 55 of The Wakf Act, 1955)
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Raj Kumar Makkad (Expert) 05 January 2013
repeated query which has already been resolved many times.

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