‘State Govt not bound by Wakf Board’s notification declaring properties as Wakf in absence of evidence': Supreme Court
August 24, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

‘State Govt not bound by Wakf Board’s notification declaring properties as Wakf in absence of evidence’: Supreme Court

The Supreme Court further noted that the records do not indicate that the land was used as a Muslim burial ground, instead, it was recorded that the suit land was a “rudrabhoomi” which denotes a Hindu cremation ground and not a kabristan

ShreeyashShreeyash
May 26, 2023, 12:45 pm IST
inBharat, Tamil Nadu
Follow on Google News
Supreme Court declares survey under Waqf Act as an inalienable requirement to declare a property as Wakf property.

Supreme Court declares survey under Waqf Act as an inalienable requirement to declare a property as Wakf property.

Facebook
Twitter
WhatsAppTelegramEmail

The Supreme Court of India has held that conducting a survey u/s 4 of the Waqf Act, 1954, before declaring a property as “Wakf property” is the sine qua non, an indispensable requirement. The court dismissed the appeal filed against the Madras High Court’s decision wherein the court set aside the single judge’s order declaring the suit land as Wakf property.

The court held that in the absence of a survey conducted u/s 4 of the Waqf Act, the mere issuance of notification under the Act would not constitute a valid Wakf. The court said, “In the absence of such a material, the mere issuance of the notification under Section 5 of the Act would not constitute a valid wakf in respect of the suit land.”

The appellant, Salem Muslim Burial Ground Protection Committee, challenged the Madras High Court’s decision wherein the court set aside the single judge’s decision declaring the suit land as Wakf property. The appellant contended that “once a wakf is always a wakf” and that mere non-burial of dead bodies on the suit land for the past 60 years “would not alter its nature so as to confer any right upon the claimants respondents.”

The court noted that under Muslim law, a wakf could be created in several ways but primarily dedication of any movable and immovable property by a person professing Islam for any purpose recognized by Muslim law as a pious, religious or charitable purpose. The court further noted that in the absence of such dedication, it could also be presumed to have come into existence by long use.

The court observed that “In the case at hand, there is no iota of evidence from the very inception as to any express dedication of the suit land.” Therefore, the court ruled out the creation of Wakf through dedication. Thereafter, the court noted that the only issue that remains is whether the suit land constitutes a Wakf property due to its long use as a burial ground, a practice which has been stopped for over 60 years.

The court noted, “There is even no concrete evidence on record to prove that the suit land prior to the year 1900 or 1867 was actually being used as a burial ground (kabristan).”

The court said that the claims that the suit land was a burial ground prior to 1900, or 1867, is insufficient to establish a Wakf through use in the absence of evidence, thus it cannot constitute a Wakf. The court further noted that the records do not indicate that the land was used as a Muslim burial ground, instead, it was recorded that the suit land was a “rudrabhoomi” which denotes a Hindu cremation ground and not a kabristan.

The court held, “Therefore, the suit land was not proved to be a wakf land by long usage also. There is no evidence to prove creation of a wakf of the suit land either by dedication or by usage.”

The court further noted that another limb of the appellant’s argument is that it was declared as a Wakf property through a notification dated April 29, 1959. The court observed that such notifications must be in consonance with the Waqf Act.

The court noted that on a plain reading of the Waqf Act, 1954, and the Waqf Act, 1995, it is revealed that to issue a notification declaring the list of Wakfs can only be published after completing the “two surveys, settlement of disputes arising thereto and the submission of the report to the State Government and to the Board.”

Therefore, the court held that “conducting of the surveys before declaring a property a wakf property is a sine qua non (an indispensable requirement).”

The court further said, “In the case at hand, there is no material or evidence on record that before issuing notification under Section 5 of the Waqf Act, 1954, any procedure or the survey was conducted as contemplated by Section 4 of the Act.” Therefore, the court held that the notification dated April 29, 1959, declaring the suit land as a Wakf is not a “conclusive proof conclusive proof of the fact that the suit land is a wakf property.”

The court further said that the Wakf Board is a statutory body and therefore, the official Gazette is bound to carry any notification at the instance of the Wakf Board, however, the State Government is not bound by such a notification just because it has been published.

The court said, “that the notification, if any, published in the official Gazette at the behest of the Waqf Act giving the lists of the wakfs is not a conclusive proof that a particular property is a wakf property especially, when no procedure as prescribed under Section 4 of the Waqf Act has been followed in issuing the same.”

The court held, “In view of the aforesaid facts and circumstances, we do not find any substance in the argument that the suit land is or was a wakf property and as such would continue to be a wakf always.”

“In the absence of any evidence of valid creation of a wakf in respect of the suit property, it cannot be recognized as a wakf so as to allow it to be continued as a wakf property irrespective of its use or disuse as a burial ground,” the court added.

Topics: Survey of WakfMuslim Burial GroundKabristanSupreme CourtRudrabhoomiTamil NaduDeclaration of Wakf without SurveyWaqf propertyWaqf ActWakfWaqfWakf PropertySurvey of Waqf
Shreeyash
Shreeyash
Shreeyash Mittal is a Delhi-based Advocate and Principal Associate (Corporate Law) at K&Co. Advocates & Legal Consultants, a Noida-based law firm. [Read more]
Share10
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Money Laundering Case: Supreme Court grants interim bail to AAP leader Satyendar Jain for 6 weeks on medical grounds

Next News

Cricket legend Sourav Ganguly appointed brand ambassador of Tripura tourism

Related News

Tamil Nadu: Madras HC says Trustees must administer temples, EOs cannot interfere in religious practices

Pakistan PM Shehbaz Sharif and Former PM Imran Khan

Pakistan: Contempt plea filed against PM Shehbaz Sharif & 2 ministers for defying Supreme Court order on Imran Khan

Goa government moves Supreme Court seeking life imprisonment for convicted rapist Tarun Tejpal

Goa government demands life imprisonment for convicted rapist Tarun Tejpal, escalates case to Supreme Court

31st Southern Zonal Council meeting in Mahabalipuram, Tamil Nadu

Tamil Nadu: Amit Shah chairs 31st Southern Zonal Council meet in Kovalam; Six CMs, UT Administrators participate

Tamil Nadu: Hindus detained after opposing Islamic Kandhuri festival in Udayarpatti village with no Muslims

Tamil Nadu: TVK government withdraws circular barring college students from Left-led protests amid backlash

Load More

Latest News

India’s Semiconductor Revolution: Building the ecosystem to lead the global chip race

Representative Image

India’s Emerging Military Challenge: Air campaign alone cannot replace boots on the ground

Lum Sohpetbneng- sacred peak of the Khasi people. They believe it to be the "Navel of Heaven"

Decoding Northeast: Celebrating ‘shared values’

Abdul El-Sayed

Who Is Abdul El-Sayed? Michigan’s Bid for America’s first Muslim Senator and How is he linked to Bin Laden & Al-Qaeda?

19th Foundation Day of GBU | Mission ShakthiSAT inaugurated; CM Yogi urges youth to embrace ‘Nation First’ spirit

Join hands against the US’ unilateral tariff pressures

A Clarion Call Against Global Hinduphobia: Organizations unite to oppose USCIRF’s anti-India agenda

Book Review: Young, innovative, still eternal

Are we losing the UPI Freedom

PM Modi interacts with space startup CEOs

National Space Day: PM Modi urge startups to revolutionise India as global space power & solve grassroot challenges

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies