Court Finds Procedural Lapses in Declaring Sarkar Syed Habibullah Sha Khadari Dargah as Waqf Property
In a significant ruling, the Madras High Court has set aside the Tamil Nadu Waqf Board's decision to register the Sarkar Syed Habibullah Sha Khadari Arif Rabbani Hazarath Dargah as Waqf property. The court found procedural lapses in the declaration process, emphasizing the necessity of statutory surveys and notifications under the Waqf Act, 1995, before any property can be designated as Waqf.
The case revolved around a 240-year-old Dargah located at No.2 Kamaraj Road, Triplicane, Chennai, and involved a dispute over the appointment of a Mutawalli. The appellant, Sarkar Syed Habibullah Sha Kahdari Arif Rabbani Hazarat Dargha, challenged the Waqf Board's appointment of the fifth respondent as Mutawalli, arguing that the land belonged to the Public Works Department and not to the Waqf.
The High Court, presided by Justice K.Govindarajan Thilakavadi, ruled that the Waqf Board's decision lacked the necessary legal backing since the essential procedures outlined in Sections 4 to 6 of the Waqf Act were not followed. The court highlighted that the mere religious use or existence of a Dargah does not automatically classify it as a Waqf property without proper statutory compliance.
The court also noted that the Waqf Board's appointment of the fifth respondent as Mutawalli was based on an unverified trust deed and unsupported representation letters. It further criticized the Tribunal for erroneously presuming the land to be Waqf property without concrete evidence or legal documentation of dedication.
Ultimately, the court concluded that the resolution and subsequent orders passed by the Waqf Board were unsustainable and set them aside. The judgment reinforces the importance of adhering to legal protocols in declaring properties as Waqf and underscores the necessity of establishing jurisdictional facts before asserting control over religious institutions.
Bottom line:-
Under the Waqf Act, mere religious use or existence of a Dargah does not automatically establish it as Waqf property. A statutory survey and notification as per Sections 4 to 6 of the Waqf Act are mandatory to declare a property as Waqf.
Statutory provision(s): Waqf Act, 1995 Sections 4, 5, 6, 36(4), 64, 83(9)
