IMPORTANT POINT
Muslim Wakfs and Trusts created by Muslims.- difference.

ORDER

Altamas Kabir, J.-These several Special Leave Petitions have been filed by the State of Maharashtra and other parties. While Special Leave Petition (C) Nos.31288- 31290, Special Leave Petition (C) Nos.32129-32131 and Special Leave Petition (C) No.32636, all of 2011, have been fled by the Maharashtra State Board of Wakfs, Special Leave Petition (C) Nos.35196 and 35198 of 2011 have been filed by the Jamait Educational and Welfare Muslim Minority Education Society and Maharashtra Muslim Lawyers’ Forum.

2. The Special Leave Petitions are directed against the judgment and final order dated 21st September, 2011, passed by the Bombay High Court in Writ Petition No.2906 of 2004, Writ Petition No.357 of 2011 and Writ Petition (L) No.899 of 2011. The impugned judgment of the High Court in the aforesaid Writ Petitions is the outcome of the challenge to the formation of the Maharashtra State Board of Wakfs. As noticed by the High Court, the subject matter of all the Writ Petitions, and thereby of the Special Leave Petitions, relates to the challenge to the incorporation of the Maharashtra State Board of Wakfs and its impact upon the Wakfs created by persons professing Islam, but belonging to different sects.

3. The Petitioners in Writ Petition No.2906 of 2004 are Muslims belonging to the Shia Fatemi Ismaili Tyebia Sect of Islam and are Shia Muslims. The Petitioner Nos.1 to 3 in the said Writ Petition are trustees of “Sir Adamji Peerbhoy Sanatorium” established by a Scheme settled by the Bombay High Court by an order dated 16th June, 1931 in Suit No.1560 of 1927. The said Trust is registered as a Public Trust under the Bombay Public Trusts Act. The Petitioner Nos.4 and 5 are trustees of the “Anjuman- i-Null-Bazaar Chhabdi Bazar Niaz Hussein Charitable Trust”, which is also registered as a Public Trust under the Bombay Trusts Act. The Petitioners in Writ Petition No.899 of 2011 are Dawoodi Bohra Muslims and claim to be Trustees of Noorbhoy Jeewanji Morishwalla Charity Trusts registered under the Bombay Public Trusts Act. The Petitioners in Writ Petition (L) No.357 of 2011 are Muslims belonging to the Shia Fatemi Ismaili Tyebia sect and are also trustees of Sir Adamji Peerbhoy Sanatorium, referred to hereinabove. The Petitioner in SLP (C) No.35196 of 2011 is a society registered under the Societies Registration Act, 1860. All the members of the Trust profess Islam and are persons interested in the affairs of the Wakf set in question by virtue of the provisions of Section 3(k) of the Wakf Act, 1995. Similarly, the Petitioners in SLP(C) No.35198 of 2011 are a group of Muslim lawyers who have formed a Forum and are also persons interested in the management of Wakf properties in terms of Section 3(k) of the Wakf Act, 1995.

4. The grievance of the Writ Petitioners in these five Writ Petitions is the same. The Petitioners in Writ Petition No.2906 of 2004 have challenged the notification dated 4th January, 2002, issued by the Government of Maharashtra and have also sought for a direction to the State Government to conduct a fresh survey of Wakfs in the State of Maharashtra. Their further challenge is to notification dated 13th November, 2003, issued by the Maharashtra State Board of Wakfs publishing the list of Wakfs in the State of Maharashtra.

5. In Writ Petition No.899 of 2001, the Petitioners have challenged the Circular dated 24th July, 2002, issued by the Charity Commissioner of the State of Maharashtra stating therein that in view of the provisions of Section 43 of the Wakf Act, 1995, the Wakfs which were registered as Public Trusts would cease to be governed by the provisions of the Public Trust Act. It is the case of the Writ Petitioners that because the establishment of the Maharashtra State Board of Wakfs by the notification dated 4th January, 2002, was itself invalid, they continued to be governed by the provisions of the Bombay Public Trusts Act.

6. The Petitioners in Writ Petition No.357 of 2011, have challenged the notifi