ORDER

Indeed, the hearing of the matter is scheduled in the list of ‘final hearing cases’. The matter is pending since 2003. With the concurrence of learned counsel for the rival parties, it was heard finally on 17.05.2024 and today the order is being pronounced.

2. By the instant civil revision, the applicants are challenging the judgment/order dated 24.07.2003 passed by the State Waqf Tribunal Bhopal. Earlier, on 06.09.1993, the plaintiff-non-applicant No.1 instituted an action registered as MJC No.19/1993 in the court of VII Additional District Judge, Bhopal claiming the following reliefs- (i) Pass a declaratory decree in favour of the plaintiff to the effect that the land bearing khasra No.1196, 1197, 1198, 1199 and 1200 admeasuring 3.14 acres is Qabristan land as such Waqf property.

(ii) Pass a decree setting aside the mutation, N.O.C. and construction permission wrongly and illegally granted in favour of private persons specially defendants No.6 to 9 and also defendants No.11, 11 [sic.] or any other persons.

(iii) To restrain defendants No.6 to 11 from making any sort of construction on khasras No.1196 to 1200. (iv) To pass a decree for possession of the area encroached upon by defendants No.6 to 11 as shown in the plaint map by demolition of the construction made by the defendants.

(v) To grant compensation for the use and occupation of the suit land at the rate of Rs.1,000/- per month with effect from the date of filing of the suit till possession of the suit land by the defendants to the plaintiff.

(vi) To grant cost of the suit in favour of the plaintiff against the defendants.

(vii) Any other relief under the circumstances of the case to which the plaintiff might be found entitled may also be granted.

3. A succinct venture to the facts of the case reveals that the plaintiff-Board filed a suit for declaration, perpetual injunction, possession and compensation before VII Additional District Judge, Bhopal with regard to the land bearing khasra No.1196 area 0.87 acre, 1197 area 0.75 acre, 1198 area 0.60 acre, 1199 area 0.70 acre and 1200 area 0.22 acre known as Qabristan, Madarwada situated behind building Mulla Seth Sajjad Hussain (Capital Hotel), Tehsil Huzur, District Bhopal.

3.1 The suit property is Qabrastan and is the land of Waqf property. In the suit, the plaintiff sought a decree, setting aside mutation, N.O.C. and the construction permission granted in favour of the private persons specially defendants No. 6 to 9 and also defendants No.11 and 11 or any other person. Further, sought decree restraining defendants No.6 to 11 from making any sort of construction over khasra No.1196 to

1200. The plaintiff further sought a decree of possession of the area encroached upon by defendants No.6 to 11 and also claimed compensation for the use and occupation of the suit land at the rate of Rs.1,000/- per month w.e.f. the date of filing of the suit till possession of the suit land is given by the defendants to the plaintiff.

3.2 As per the claim raised in the suit, the plaintiff averred that the suit property is waqf property being dedicated/donated by His Highness Nawab Mohd. Hamidullah Khan Sahib Bahadur, the Ruler of erstwhile State of Bhopal for the purpose of charity and for burial ground (graveyards) of the Muslims dead-persons and such property has been recorded in the revenue record of Patwari Halka No.41, Tehsil Huzur, Bhopal.

3.3 It was also averred that the suit properties were all Maufi land in Bhopal Riyasat, Marghat and Qabrastan were in Maufi land. In Qabrastan, this maufi land was held by Fakirs who were known as Takiyadars who took care of these lands. The land was given to Fakirs so that they take care of the trees growing there like Imli, Jamun, Aam, Sharifas and Khajoor and utilize the same for their living.

3.4 During the pendency of the aforesaid suit, Waqf Act, 1954 (Act No.29 of 1954), a Central Act in applicat