The court ruled the decision by the Madhya Pradesh Waqf Board Chairman to expand Waqf property boundaries without Board approval as jurisdictionally void.
In a significant judgment, the Madhya Pradesh High Court has annulled an order by the Chief Executive Officer (CEO) of the Madhya Pradesh Waqf Board that had declared additional private land as Waqf property, terming it as void ab initio due to lack of jurisdiction. The ruling came in response to a writ petition filed by Smt. Khalida Bee and others challenging the decision made by the CEO under the dictate of the Board's Chairman, which was not sanctioned by the Board itself.
The petitioners argued that the land in question was legally purchased through registered sale deeds and was recorded in the revenue records under their predecessor's name. The impugned order, dated March 7, 2012, sought to include this privately owned land into the Waqf property already registered for a smaller area, without following due legal process.
Justice Deepak Khot presiding over the case emphasized that under Section 41 of the Waqf Act, 1995, the power to register or amend the register of Waqf property is vested solely with the Board, not the Chairman. The Chairman's unilateral decision to declare additional land as Waqf property was deemed outside his jurisdiction. The court highlighted that such an order, passed without Board approval, is a legal nullity and can be set aside under Article 226 of the Constitution of India.
The court further referenced the Supreme Court's decision in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai (1998), reinforcing that High Courts possess the authority to annul orders lacking jurisdiction, irrespective of alternative remedies.
The judgment underscores the importance of adhering to statutory procedures for Waqf property registration, including the necessity for a State Government notification appointing a Survey Officer to prepare a list of properties, as prescribed under Sections 4 and 5 of the Waqf Act.
In conclusion, the High Court quashed the impugned order, reaffirming the importance of jurisdictional authority and procedural integrity in the administration of Waqf properties. The decision is expected to have significant implications for future governance and management of Waqf lands in Madhya Pradesh.
Bottom line:-
The order passed by the Chief Executive Officer of Madhya Pradesh Waqf Board on the dictate of the Chairman of the Board, without the Board's approval, is without jurisdiction under Section 41 of the Waqf Act, 1995 and void ab initio.
Statutory provision(s): Waqf Act, 1995 Section 41, Constitution of India Article 226, Waqf Act, 1995 Sections 4 and 5, Waqf Tribunal jurisdiction under Section 83(1)
