SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Mohmood Hussain – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
D.BHARATHA CHAKRAVARTHY, J.
Prayer in W.P.No.20553 of 2023: Petition filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that Tamil Nadu State Act, Act 33 of 2010 is repugnant to the Waqf Act, 1995, as amendment by Act, 2013 (Act 27 of 2013) and void.
A. THE WRIT PETITIONS/WRIT APPEALS:
All these writ petitions are with a prayer to declare the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act (Act No.33 of 2010) as void, ultra vires the Constitution, being repugnant to the Waqf Act, 1995, as amended by the Act No.27 of 2023. The writ appeals are filed to set aside the common order dated 03.07.2023 passed by the learned Single Judge in W.P.Nos.17331, 13506, 13510, 13514, 144224, 14426, 14428, 14432, 16963, 17164, 17399, 17371, 18475 and 18479 of 2023.
1.1 All these petitioners and appellants are either tenants whose lease has expired/determined or are treated as encroachers in respect of the properties/premises belonging to the Waqf.
B. THE STATUTORY FRAMEWORK:
2. The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 (Act 1 of 1976) was enacted by the State of Tamil Nadu and it also receiv
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The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010 is repugnant to the Waqf Act, 1995, rendering it void and ultra vires the Constitution due to conflicting provi....
The presumption of constitutionality and the necessity of challenging legislation in a properly constituted writ petition.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
(1) Jurisdiction of Wakf Tribunal – Injunction simpliciter sought for before Tribunal does not fall within its jurisdiction and plaint has to be rejected.(2) An Amendment will be retrospective only ....
The Waqf Tribunal has exclusive jurisdiction over disputes involving Waqf properties, including tenant eviction, as per the amended Waqf Act, overriding state tenancy laws.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
(1) Suit for permanent injunction in respect of Waqf property is maintainable before Waqf Tribunal.(2) Waqf Tribunal shall be deemed to be a Civil Court and shall have same powers as may be exercised....
the contention as to special law i.e., the 1974 Act overriding the less special law i.e., 1995 Act does not merit much consideration in the light of 2013 Amendment.
Point of law: jurisdiction of "civil court, revenue court and any other authority" is excluded in respect of any dispute, question or other matter inter alia relating to any waqf property thus, it is....
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....
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