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2018 Supreme(P&H) 1518
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Idara Islam Panipat and Others – Petitioners
Versus
Haryana Wakf Board and Others – Respondents
CR No. 6269 of 2016 (O&M)
Decided On : 23-05-2018
For the Petitioner: Mr. B.S. Bedi.
For the Respondents: Mr. G.N. Malik, Mr. Kunal Mulwani, Mr. Aditya Singh.
Wakf--Jurisdiction of Wakf Tribunal cannot be only restricted to the cases where question involved is whether the property is wakf or not
Headnote:
(A) Wakf Act, 1955, S.83--Jurisdiction of Wakf Tribunal--Held; Jurisdiction of Wakf Tribunal cannot be only restricted to the cases where question involved is whether the property is wakf or not--Words "any dispute question or other matter relating to wakf or wakf property" which existed even before 2013 amending Act have to be given meaning--Tribunal not to overlook provision of Section 83 of Act, 1955. (Paras 2 & 16)
(B) Wakf Act, 1955, S.83--Jurisdiction of Wakf Tribunal--In the present case, the plaintiffs challenge the certain action of the Wakf Board and has pointed out certain alleged illegalities committed by the officials--Wakf Tribunal has jurisdiction to adjudicate upon such matters.
ANIL KSHETARPAL, J.
1. Arguments were heard. Judgment was reserved. The judgment is being released.
2. The issue which needs determination in this revision petition is that what is the jurisdiction/scope of the Wakf Tribunal constituted under the Wakf Act, 1995. Whether it is only restricted to the cases where the question which needs determination is whether the property is wakf or not or in other words, the dispute is whether the question of title of the wakf is involved or the Wakf Tribunal would be entitled to examine any dispute, question or other matter relating to wakf or wakf property?
3. Parliament enacted the Wakf Act, 1995 while repealing the Wakf Act, 1954. The relevant provisions of the Wakf Act which require interpretation are contained in Sections 6, 7, 83 and 85, extracted as under:-
“6. Disputes regarding (auqaf) - (1) If any question arises whether a particular property specified as wakf property in the list of auqaf in wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person aggrieved may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final:
Provided that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of auqaf.
Provided further that no suit shall be instituted before the Tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in sub-section (6) of section 4.
(2) Notwithstanding anything contained in sub-section (1), no proceeding under this Act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit.
(3) The Survey Commissioner shall not be made a party to any suit under sub-section (1) and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(4) The list of auqaf shall, unless it is modified in pursuance of a decision or the Tribunal under sub-section (1), be final and conclusive.
(5) On and from the commencement of this Act in a State, no suit or other legal proceeding shall be instituted or commenced in a court in that State in relation to any question referred to in sub-section (1).
7. Power of Tribunal to determine disputes regarding (auqaf):-
(1) If, after the commencement of this Act, any question or dispute arises, whether a particular property specified as wakf property in a list of auqaf is wakf property or not, or whether a wakf specified in such list is a Shia wakf or a Sunni wakf, the Board or the mutawalli of the wakf, (or any person aggrieved by the publication of the list of auqaf under Section 5) therein, may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final:
Provided that:
(a) in the case of the list of auqaf relating to any part of the State and published after the commencement of this Act no such application shall be entertained after the expiry of one year from the date of publication of the list of auqaf.
(b) in the case of the list of auqaf relating to any part of the State and published at any time within a period of one year immediately preceding the commencement of this Act, such an application may be entertained by Tribunal within the period of one year from such commencement:
Provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the Tribunal shall not re-open such question.
(2) Except where Tribunal has no jurisdiction by reason of the provisions of sub-section (5), no proceeding under this section in respect of any waqf shall be stayed by any court,
