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VIPIN SANGHI, RAKESH THAPLIYAL
“Gafuria Masjid” Malakhpur Chungi – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
VIPIN SANGHI, J.
The petitioner has preferred the present writ petition, under Article 226 of the Constitution of India, to seek quashing of the letter dated 08.06.2023, issued by respondent No. 5, i.e., the Assistant Engineer, Northern Division, Ganga Nahar, Roorkee, District Haridwar, whereby respondent No. 5 gave notice to the manager/Maulvi/Sewadar of Gafuria Masjid, Malakhpur Chungi, Roorkee, to remove the religious structure, called Masjid, constructed on public land, which is causing obstruction on the public road/public place, and causing difficulty to the public at large. The petitioner also seeks a mandamus to the respondent authorities not to remove the construction known as “Gafuria Masjid”, bearing present Municipal No. 73 (Old Municipal No. 32/2), situated at Malakhpur Chungi, Civil Lines, Roorkee, District Haridwar.
2) The present petition has been filed by Fayyaz Ali, who claims to be the Mutawalli of Gafuria Masjid. It is claimed by the petitioner that the Gafuria Masjid has been in existence since much prior to independence in 1947. It is claimed that
Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
The central legal point established in the judgment is the essential requirement of dedication and the definition of Waqf under the Waqf Act, 1955, emphasizing the need for dedication by the owner an....
The judgment established the liability of unauthorized occupants to pay occupation charges and costs to the Waqf Board, emphasizing the fiduciary nature of the Imam's occupation and the impermissibil....
The need for evidence of running an educational institution, ownership, and permission for construction, and the public interest in acquired land.
The court ruled that the plaints disclose a valid cause of action, are not barred by limitation, and the religious character of the property requires evidence to be determined at trial.
The property was determined to be Wakf, with sales executed without the Wakf Board's sanction declared void, affirming the Muthavalli's right to maintain the suit.
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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