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BISWAROOP CHOWDHURY
Golam Mustafa Haidari – Appellant
Versus
Boad of Wakfs – Respondent
JUDGMENT
Biswaroop Chowdhury, J.—The petitioner before this Court are applicants before the Waqf Tribunal West Bengal under the Waqf Act 1995, and is aggrieved by the Judgment dated 04-09-2017 passed by Learned Waqf Tribunal in OA 16 of 2010.
The case of the petitioner before the Learned Waqf Tribunal may be summed up thus:
1. That the petitioners are the owners of 16 decimals of Land in plot No. 3605, 11 decimals of land in plot No. 3596 and 2.5 decimals of land in plot No. 3631 of Mouza-Dhitora under Murarai Police Station.
2. The origin of these lands comprised in three plots above-mentioned have been found in C.S. Khaitan No-1407 published in the name of Mohar Sheikh and also from Nakpuri Bibi published under Khaitan No. 1341 In C.S. plot No. 3596 Nak puri Bibi was recorded for 11 decimals in 16 annas share in the said khaitian No-1341 and it has been mentioned that Mohar Sheikh and others are the oweners on the northern boundary of the said plot. Similarly under khatian No. 1407 recording has been made in respect of Mohar Sheikh for a specified share and under the said Khatian Plot No. 3605 for 16 decimals in 16 annas and 3631 for 5 decimals in 16 annas have been recorded. Fro
(1) Waqf may be created orally without Waqf Deed.(2) Alienation of Waqf property without sanction of Board is invalid but it can be regularized by post facto approval.
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 irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.
Construction of a Waqf property without registration can occur if established as Waqf by user prior to the amendment of the Waqf Act; the appellants failed to prove a prima facie case.
The Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
Valid Waqf claims must include specific property details in gazette notifications; failure on this point allows third-party rights. High Court preserves property rights despite Waqf claims.
The court ruled that a property designated as waqf must demonstrate clear evidence of public dedication; otherwise, it remains private.
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