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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
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 properties existing in the then Union Territory of Delhi have been published. The challenge to the said list has been made to the Sunni wakf properties enlisted at Serial No. 26, 27 and 29, namely, (i) Mosque locally known as Jama Masjid, Jahangir Puri, Delhi, (ii) Mosque, Jahangir Puri, Delhi, locally known as Moti Masjid and (iii) Masjid Jahangir Puri, Delhi.
3. A perusal of the impugned notification reveals that it was published by the Wakf Board after examining the report forwarded to the Wakf Board by the Delhi Administration
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 Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
The Wakf Tribunal has exclusive jurisdiction over properties classified as Takia, graveyard, and Maszid, which are deemed public graveyards and cannot be divested by non-user.
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