Supreme Court Clarifies Jurisdiction of Waqf Tribunal, Limits Power to Properties Listed Under Waqf Act Supreme Court affirms Tribunal's jurisdiction is limited to properties listed or registered under the Waqf Act, 1995, and dismisses injunction simpliciter against non-listed properties.
In a significant ruling, the Supreme Court of India has clarified the extent of the jurisdiction of Waqf Tribunals under the Waqf Act, 1995. The judgment, delivered by Justices Sanjay Kumar and K. Vinod Chandran, emphasizes that the Tribunal's jurisdiction is confined to properties specified in the 'list of Auqaf' under Section 5(2) or those registered under Section 37 of the Act.
The case in question involved a dispute where the respondent, Mohammed Ahmed, claimed a portion of a residential complex was used as a mosque since 2008, and sought a perpetual injunction to prevent interference in its use for prayers. The appellants, led by Habib Alladin, contended that the said area was not recognized as a mosque in the sanctioned plans, nor was it registered as a waqf property under the Act, making the Tribunal an inappropriate forum for such an injunction.
The Supreme Court's decision overturned the judgments of the lower courts, which had allowed the suit to proceed before the Tribunal. The apex court reiterated that the Tribunal can only address issues concerning properties formally acknowledged as waqf properties within the statutory framework. This includes properties listed after a survey (Section 5(2)) or registered with the Waqf Board (Section 37).
The court affirmed the principle laid down in the earlier decision of Ramesh Gobindram v. Sugra Humayun Mirza Wakf, asserting that the Waqf Tribunal's jurisdiction and the ousting of civil courts are limited to specific matters defined under the Act. It stressed that Section 83 of the Waqf Act does not confer an all-encompassing jurisdiction on the Tribunal beyond what the Act explicitly provides.
The ruling also highlighted the 2013 amendments which clarified the Tribunal's powers concerning the eviction of encroachers. However, it maintained that the broader principle of jurisdiction remains unaffected by these amendments, except concerning encroachment eviction.
The Supreme Court's decision underscores the need for clarity in the classification of properties as waqf before approaching the Tribunal for dispute resolution. This judgment is expected to have significant implications for future disputes involving waqf properties, ensuring they are handled within the correct legal frameworks.
Bottom Line:
Jurisdiction of Waqf Tribunal under the Waqf Act, 1995, is limited to properties specified in the 'list of Auqaf' under Section 5(2) or registered under Section 37 of the Act. A Tribunal cannot decide disputes concerning properties not included in the 'list of Auqaf'.
Statutory provision(s): Waqf Act, 1995 Sections 6(1), 7(1), 83, 85, 54, 37, 5(2)
Habib Alladin v. Mohammed Ahmed, (SC) : Law Finder Doc Id # 2844818
