Supreme Court Emphasizes Mandatory Compliance of Section 4 of Waqf Act Before Declaring Wakf Properties

In a landmark decision, the Supreme Court of India underscores the necessity of conducting surveys under Section 4 before issuing notifications under Section 5 of the Waqf Act, 1995.

In a significant judgment delivered on November 3, 2025, the Supreme Court of India, comprising Justices Sanjay Karol and Nongmeikapam Kotiswar Singh, reinforced the importance of adhering to procedural requirements under the Waqf Act, 1995. The Court addressed the pivotal issue of whether compliance with Section 4 is essential before issuing notifications under Section 5, which declare properties as wakf properties.

The case, titled Syed Gouse Alias Nawab Pasha Kazi v. Karnataka State Board of Wakfs, revolves around the contention that notifications under Section 5 were issued without conducting the necessary preliminary surveys as mandated by Section 4 of the Waqf Act, 1995. The petitioner argued that the absence of such surveys rendered the notifications invalid.

The Supreme Court stressed that conducting surveys and fulfilling the procedures outlined in Section 4 is a sine qua non for declaring a property as wakf property through notifications under Section 5. This judgment aligns with the precedent set in the case of Salem Muslim Burial Ground Protection Committee v. State of Tamil Nadu, where the Court held that the notification declaring wakf properties should only be published after completing the process prescribed under Section 4.

The Karnataka Waqf Tribunal and the High Court had previously examined the issue but failed to conclusively address the compliance with Section 4. The Supreme Court highlighted the necessity for the Karnataka State Board of Wakfs to establish that the issuance of the notification under Section 5 was in compliance with Section 4. The Court noted the absence of evidence from the defendants regarding compliance, thereby rendering the notification's validity questionable.

Additionally, the Court deliberated on whether the proviso to Section 6 could be applied in the absence of compliance with Section 4. Liberty was granted to the respondents to submit additional material indicating compliance with Section 4, with the deadline set for a week. The Court has scheduled further hearings on December 3, 2025, allowing parties to present written submissions and relevant decisions they wish to rely upon.

This ruling underscores the judiciary's commitment to ensuring that statutory provisions are meticulously adhered to, particularly in matters involving the declaration of wakf properties. The interim order will remain in effect until the next hearing.

Statutory provision(s): Section 4, Section 5, Section 6 of the Waqf Act, 1995

Syed Gouse Alias Nawab Pasha Kazi v. Karnataka State Board of Wakfs, (SC) : Law Finder Doc Id # 2807191