ALOK MATHUR
Chief Executive Officer Uttar Pradesh Sunni Central Waqf Board – Appellant
Versus
Mohammad Noor – Respondent
JUDGMENT
Alok Mathur, J.
Heard Sri. Syed Aftab Ahmad, learned counsel for the revisionist and Sri. Pankaj Srivastava for respondent No.1.
2. By means of this revision the revisionist has assailed the order dated 28.3.2022 passed by U.P. waqf Tribunal, Lucknow in case No.29 of 2020 ( Chief Executive Officer v. Mohd. Noor and others) whereby the Tribunal held that the proceedings initiated on the behest of Chief Executive Officer of U.P. Sunni Central Waqf Board under Section 45 are akin to suit proceedings and accordingly direction has been given for payment of court fee by the revisionist which has been deficient to the valuation of Rs. 3,11,641/-.
3. A complaint was moved by Chief Executive Officer in respect of Waqf Masjid Bande Ali Khan, Lucknow stating therein that the waqf is duly registered in the office of U.P. Sunni Central Waqf Board, Lucknow and the property situated at Nawal Kishore Road, Hazratganj, Lucknow of which respondent No.1 who was a tenant in shop No.5 situated on the ground floor of the said property at the monthly rate of Rs. 1000/- and he has deposited the payment of rent but he has not paid arrears of rent of Rs. 15933 for the period from 1.1.2015 to 28.4.2
The court affirmed that proceedings under Section 54 of the Waqf Act are distinct from suit proceedings and do not require payment of court fees, highlighting legislative intent.
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....
Section 55 of the Waqf Act provides the procedure for enforcement of orders for removal of encroachment from Waqf property by the Tribunal.
The court affirmed that interested persons in a Waqf can file for removal of encroachment, and that expired leases render occupants encroachers under the Waqf Act.
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic classification as encroachers under the Waqf Act.
A person interested in a Waqf can maintain a suit for removal of encroachment, and an expired lease results in automatic classification as an encroacher under the Waqf Act.
Interested persons can maintain a suit for removal of encroachment under Section 83(2) of the Waqf Act, and those whose lease has expired are considered encroachers.
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic encroachment status under the Waqf Act.
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.
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