WAKF

Supreme Court On Development of Wakf Property

Markaz Constructions, Petitioner v. Sugra Humayun Mirza Wakf and others, Respondents.

A.M. AHMADI, C.J.I., Mrs. SUJATA V. MANOHAR AND.K. VENKATASWAMI, JJ.

Wakf Act (29 of 1954), Section 36-A - A.P. Wakf Rules (1974), Rule 12 - Wakf property - Grant of lease for its development - Mutawalli must be given an opportunity to express his views of choice of a contractor prior to sanction of Board - Order of High Court inviting fresh offers and to place before Wakf Board for sanction is proper - No interference under Article 136 of Constitution.

These petitions are in respect of a proposed lease of Sugra Humayun Mirza Wakf property for development to the petitioner. The Mutawalli of the said Wakf sent to the Wakf Board for approval a proposal for giving on lease the said Wakf land for development to one Vallabh Leasing & Finance Private Limited. The Wakf Board, however, decided to grant a lease for development to the petitioner. This was challenged in separate writ petitions by the Mutawalli of the said Wakf and Vallabh Leasing & Finance Private Limited. The writ petitions were allowed.

We do not see why the objections, claims and suggestions which may be received by the Wakf Board should exclude any fresh offers in respect of the said property. Also, Rule 12 does not prevent the Wakf Board from examining such proposals. The Wakf Board, however, must consider the views of the Mutawalli on such proposals. Looking to the scheme of the provisions, the Division Bench of the A.P. High Court has rightly came to the conclusion that in the transaction of the kind in question, where a long term lease for construction of a commercial complex on the Wakf property is proposed to be issued, the Mutawalli must be given an opportunity to express his views on the choice of a contractor and the Wakf Board cannot decide the question on its own.

The Division Bench has directed the Mutawalli to advertise the proposal of the petitioner and to invite fresh offers and place before the Wakf Board for sanction, the offer that he may consider to be in the best interests of the Wakf. Looking to all the circumstances, we do not consider this a matter where intervention under Article 136 is required.                                                                                                                        

Government Statement on Wakf Board

The Government have enacted the Wakf Act, 1995. The Act has been enforced in the country (except the State of Jammu and Kashmir to which it does not extend) with effect from 01.01.1996. With the enforcement of the Wakf Act, 1995 the bodies including the State Wakf Boards, constituted and established under the Wakf Act, 1954, or State Wakf Laws, stand dissolved.                                                                                  

Madhya Pradesh High Court On Scope of Wakf Tribunals

Subhan Shah through LRs. Ramjan Khan and others, Appellants v. M.P. Wakf Board and others, Respondents.

C.K. PRASAD, J.

Wakf Act (29 of 1954), Sections 6A, 55-C, 55-G [as substituted by Wakf (M.P. Amendment] Act, 1994) - Disputes regarding wakf property - Determination of - Jurisdiction of Tribunal - Not confined to determi-nation of dispute which is required to be determined under specific provision of Act, Rule or Order Mutawalli or any person interested in Wakf - Can file application to Tribunal for determination of any disputed question or other matters relating to Wakf.

Section 55(2) of the Act confers discretion to aggrieved person to file an application to the Tribunal only in case of he is aggrieved by any order made under this Act or any rule or order made there under. However, any Mutawalli of a wakf and person interested in a wakf can file application to the Tribunal for determination of any disputed question or other matters relating to the Wakf. Even in case of persons aggrieved, he can file an application to the Tribunal only in case the order passed under the Act, rule or order made there under is in relation to the wakf property. In case the power of the Tribunal is confined for determination of only those disputes which are required to be determined under the specific provision of the Act, Rule or Order, it will lead to rendering the provision of Section 55(2) of the Act superfluous.

It cannot be said in such case that when the Tribunal is not competent to grant relief sought for in the Civil Court the necessary corollary of the same, shall be that the Tribunal shall have no power. Under Section 55(5) of the Act the Tribunal is deemed to be a Civil Court and has the same power as that of a Civil Court under the Code of Civil Procedure, while trying the suit or executing the decree or order. In view of the aforesaid specific provisions the relief which can be granted by the Civil Court can also be granted by the Tribunal. Further, in view of the express bar of the jurisdiction of the Civil Court under Section 55-C of the Act (as amended), no suit or legal proceedings would lie in Civil Court, which is required by or under the Act, to be determined by the Tribunal.

Wakf Act (29 of 1954), Section 27 - Decision of Board to include property in register of wakf – Is statutory decision - Its validity can be decided by Tribunal - No suit or proceeding shall lie before Civil Court against such decision. Section 55-G (as introduced by Wakf [M.P. Amendment] Act (1994) - Wakf property - Dispute - Transfer of cases to Tribunal - Not only suit pending before original Court but other proceedings pending before any Court or other authorities - Required to be transferred.