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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, CJ, TEJAS KARIA
Save India Foundation (Regd.) – Appellant
Versus
Municipal Corporation of Delhi – Respondent
| Table of Content |
|---|
| 1. challenging notification concerning wakf properties (Para 1 , 2 , 3) |
| 2. arguments against maintainability after 46 years (Para 4 , 5 , 6 , 7 , 8) |
| 3. petitioner claims late awareness of wakf status (Para 9 , 10) |
| 4. acquisition of properties under land acquisition act (Para 11 , 12 , 13) |
| 5. requirements for bonafide pils (Para 14) |
| 6. court's duty to maintain pil purity (Para 15 , 18 , 19 , 25 , 26) |
| 7. bar to challenge wakf properties after one year (Para 24 , 27) |
| 8. dismissal of petition due to lack of merit (Para 28) |
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, CJ.
1. The petitioner, which is a Trust registered under the Indian Trusts Act, 1882, has invoked our jurisdiction under Article 226 of the Constitution of India, by instituting this petition purportedly in public interest through its Authorised person/Trustee – Sh. Preet Singh, whereby a notification dated 24.03.1980 issued by the Delhi Wakf Board (hereinafter referred to as the “Wakf Board”) which was published in the official Gazette of Delhi on 10.04.1980, has been challenged.
2. By the said notification issued under Section 5 (2) of the Muslim Wakfs Act, 1954 (hereinafter referred to as the“Act, 1954”), certain wakf pro
A challenge to a long-standing notification under the Muslim Wakfs Act after an undue delay is impermissible, reinforcing the finality of administrative actions.
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
The constitution of an inquiry commission by the State is valid despite challenges under the Waqf Act, 1995 when prior waqf declarations are arbitrary, devoid of proper procedure, and the property in....
The court determined that a 41-year delay in issuing a notification declaring land as wakf property was unreasonable, rendering it invalid, and affirmed that such matters could be addressed in writ p....
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
The irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.
The Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
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