Short Description:
The Supreme Court clarifies that only properties listed as auqaf can be heard by waqf tribunals, impacting claims over disputed religious sites like a Hyderabad mosque.
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Main Article
In a landmark ruling with significant implications for property rights and religious disputes, the Supreme Court of India has delineated the jurisdictional boundaries of waqf tribunals. The court clarified that a tribunal can only entertain a case if the contested property is officially listed in the government’s “list of auqaf.” This decision stems from a high-profile legal dispute in Hyderabad’s upscale Banjara Hills, where the ground floor of an apartment building was claimed as a mosque since 2008. The owner and builder restricted access in 2021, leading to a lawsuit before the waqf tribunal. The core legal framework established by the Waqf Act, 1995, became the focal point, as the court emphasized that tribunals lack authority over properties not formally designated as waqf.
Analyzing Sections 6 and 7 of the Waqf Act, a bench of Justices Sanjay Kumar and K Vinod Chandran underscored that the tribunal’s jurisdiction is not triggered by mere usage, such as offering prayers. The plaintiff, Mohammed Ahmed, sought to protect access to the “Mahmood Habib Masjid and Islamic Centre.” However, the court ruling established that since the property was neither listed in the published auqaf list nor registered under the Act’s relevant chapter, the tribunal overstepped by assuming jurisdiction. This legal precedent reinforces that characterising a property as a mosque through practice does not automatically invoke tribunal oversight, safeguarding against unverified claims on private land.
The Supreme Court’s decision to set aside both the tribunal’s initial order and the Telangana High Court’s affirmation highlights a critical legal precedent for similar disputes nationwide. By refusing to consider whether the property could be deemed a “waqf by user,” the bench left that larger question open for future deliberation. This ruling provides critical legal clarity
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for property developers and owners, ensuring that claims must be rooted in official documentation rather than asserted use. It balances religious practice with established property law, preventing tribunals from adjudicating matters outside their statutory mandate and reinforcing the necessity of formal registration in waqf-related litigation.
Short Summary
The Supreme Court ruled that waqf tribunals only have jurisdiction over properties officially listed as auqaf, dismissing a claim over a Hyderabad site used as a mosque. This decision reinforces that property disputes require formal registration under the Waqf Act, not merely asserted religious use, providing clarity
We are a team and for the team, tools and resources we need money. We spend money from our pocket and we are happy to serve for a good cause. This links help us to get small commission without increasing your items price. This further helps to reduce the financial load.
for developers and owners while leaving the “waqf by user” concept undecided. The ruling sets a key legal precedent for balancing property rights and religious claims.
