Jurisdiction of Wakf Tribunal for Settling

Wakf Disputes

-Priyanka Chakraborty15IP61012

Wakf Act, 1995 Has complete jurisdiction on wakf related

matters ie. those mentioned in Section 6 and 7 of the act.

Section 6: Disputes regarding auqaf:

Clause 1: Disputes related to wakf should be referred to wakf tribunal only.

Clause 5: After the commencement of this Act, no suit regarding it shall lie in any other court of the state.

Contd .. Section 7: Power of Tribunal to

determine disputes regarding auqaf:

Clause 1: Lays down that if any dispute before the commencement of this act was settled by civil court, it should not be reopened.

Clause 5: If the subject matter is commenced in civil court, tribunal will not have jurisdiction.

Judicial Proceedings Chapter VIII of the Act deals with Judicial proceedings.

Section 83: Constitution of Tribunals, etc.

Clause 1: Tribunal to be constituted by the Government.

Clause 7: Decision of the Tribunal is final and binding, and has same force as decree made by Civil Court, and hence it has also powers under Order 39 Rules 1, 2 and 2A of the Code of Civil Procedure to grant temporary injunctions and enforce such injunctions.

Contd.. Section 84: Tribunal to hold proceedings

expeditiously and to furnish to the parties copies of its decision: “Any Dispute”-wide connotation-question or other matters whatsoever and in whatever manner which arises relating to a wakf or wakf property can be decided by the Wakf Tribunal.

Section 85: Bar of jurisdiction of civil courts.

Section 88: Bar to challenge the validity of any notification, etc.

Controversy Ramesh Gobindram v. Sugra Humayun Mirza, (2010) 8

SCALE 698

Scope of Section 85 discussed. Suit was filed for eviction of a tenant. Held that Wakf Tribunal was not competent to try the suit. Held that eviction proceedings can only be decided by Civil Courts.

The Apex court held, nothing in Section 83 pushes the exclusion of the jurisdiction of the Civil Courts beyond what has been provided for in Section 6(5), Section 7 and Section 85 of the Act and it simply empowers the Government to constitute a Tribunal for determination of any dispute, relating to wakf property.

Contd.. Yashpal Lala Shiv Narain v. Allatala Tala

Malik Wakf Ajakhan, AIR 2006 All 115: Analysis of various sections shows that Suit for eviction of tenant is not covered in the Act to be determined by Tribunal.So Civil court’s jurisdiction is not ousted.

Sardar Khan v. Syed Nazmul Hasan (Seth), AIR 2007 SC 1447: The jurisdiction of Waqf Tribunal does not extend to the suits pending on the date on which Waqf Act was enforced

Contd.. Board of Wakf , West Bengal v. Anis Fatma

Begum, 2010 (14) SCC 588: Waqf Tribunal has got exclusive jurisdiction to deal with the questions relating to demarcation of waqf property.

Changes Made in Wakf Amendment Act, 2013 Section 83: Now includes matter related to

eviction of tenant, rights of lessor, lessee.

Also mentioned that those states which has still not constituted the Wakf Tribunal should do so within one year.

The Act also changed the composition of Waqf Boards.

But unfortunately, the Act was repealed.

Conclusion Matters pertaining to wakf should be filed in

wakf tribunal and should not be entertained by civil court or HC under A.226 of Constitution.

If there is a special law, recourse cannot be taken to general law.

Under proviso to Section 83(9), a party aggrieved by the decision of the tribunal can approach HC-idea is that dispute related to wakf should be first brought to the tribunal.

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