High Court Draws Clear Line On Waqf Board Authority
In a significant judgment concerning the powers of Waqf authorities, the Madras High Court has ruled that the presence of a dargah or Muslim religious institution alone is not sufficient to classify a property as waqf land.
The court held that the legal status of a property must first be established under the provisions of the Waqf Act before the Waqf Board can exercise administrative or regulatory control over it.
Chennai Dargah Dispute Leads To Landmark Observation
The ruling came while the court was examining a dispute involving a centuries-old dargah located in Triplicane, Chennai.
The case arose after the Tamil Nadu Waqf Board passed a resolution declaring the approximately 240-year-old religious institution as waqf property.
After reviewing the matter, the court set aside the Board’s decision, observing that statutory requirements had not been satisfied before asserting jurisdiction over the shrine.
Court Says Jurisdiction Must Be Established First
Delivering the verdict, Justice K Govindarajan Thilakavadi emphasized that legal authority cannot be assumed solely on the basis of a religious structure’s existence.
The judge observed, “Mere existence of a dargah does not automatically confer jurisdiction upon the Board unless the institution is established or treated as a waqf in accordance with law.”
The court further stressed that administrative bodies must first establish the necessary legal foundation before exercising powers over any institution.
Legal Procedure Cannot Be Bypassed
The judgment underlined that authorities must adhere to procedures laid down under the Waqf Act while determining whether a property qualifies as waqf land.
According to the court, regulatory control cannot be extended merely because a shrine or religious establishment exists at a particular location.
Justice Thilakavadi noted that “Board must first establish jurisdictional facts before exercising control over the institution.”
