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Synopsis

While upholding the decision of the Wakf Tribunal, the Punjab and Haryana High Court held that land declared as a Muslim graveyard (Takia, graveyard, or Masjid) in revenue records enjoys conclusivity and must remain protected as Wakf property, irrespective of its prolonged non-use by the Muslim community.

A Division bench comprising Justice Sureshwar Thakur and Justice Sudeepthi Sharma, delivered the verdict, restraining the Gram Panchayat of Village Budho Pundher from interfering with the disputed property. The court affirmed the decision of the Tribunal, which had in 2013, declared the disputed parcel of land as wakf property and issued an injunction restraining the Gram Panchayat from interfering with its possession.

The case pertained with the Punjab Wakf Board filing a suit for declaration and permanent injunction, claiming ownership and possession of land notified as Wakf property in 1971. The property, historically referred to as a Takia, graveyard, and Masjid, was originally donated by Maharaja Kapurthala and subsequently vested in the Wakf Board. The Gram Panchayat contended that the property, listed as Shamilat Deh in ownership records, belonged to the village. The Wakf Tribunal ruled in favour of the Wakf Board, declaring the land to be Wakf property. Aggrieved, the Panchayat challenged the tribunal's decision in the High Court, arguing that the prolonged non-use by the Muslim community diluted its status as Wakf property.

The court, providing a detailed reasoning to reject the arguments advanced by the Gram Panchayat and emphasised that entries in revenue records such as “Takia, graveyard, and Masjid” are conclusive and enjoy legal sanctity. “Any entry in the revenue records declaring the land as Takia, graveyard and Maszid, enjoys conclusivity, and, is required to be ensured to be protected even at the site concerned, despite evidence of purported prolonged non-user thereof by the Muslim community,” the court observed.

The Gram Panchayat argued that the land in question, recorded as Shamilat Deh in revenue records, should be under the Panchayat's jurisdiction. However, the Court emphasised that the classification of the land as Takia, graveyard, and Masjid in the relevant records established its sacred character and signified that it was a Wakf property. Such classification takes precedence over any Shamilat Deh entry. “The entry in the classification column of the relevant revenue entry, enjoys precedence over the entry in the revenue records describing the petition lands as Shamlat Deh,” the court stated.

Referring to Syed Mohd. Salie Labbai's case, the court highlighted that entries in the revenue records describing the property as Takia, graveyard, and Masjid constitute conclusive evidence of its Wakf status. Consequently, the issuance of notifications under Section 5 of the Wakf Act, declaring the property as Wakf, was held entirely valid. The argument regarding non-issuance of notice to the Gram Panchayat prior to these notifications was rejected by the court, stating that “the notification issued under Section 5 of the Act, declaring the petition property(ies), as Wakf property, was but in tandem therewith. Moreover, the effect, if any, of the Panchayats concerned, being not served with a notice by the authorities concerned, prior to the issuance of the apposite notifications, is but completely meaningless, and, is also insignificant.”

The court further ruled that the Wakf Tribunal held exclusive jurisdiction under the Punjab Wakf Act to adjudicate the dispute, thereby invalidating the claims of the Gram Panchayat.

Resultantly, the court upheld the jurisdictional authority of the Punjab Wakf Tribunal and dismissed the claims of the Gram Panchayat.

 

Cause Title: Gram Panchayat of Village Budho Pundher v. Punjab Wakf Board & Others [CR-1812-2014 (O&M)]

Appearances: Counsel for Petitioner: Mr. Satinder Khanna and Counsel for Respondent: Mr. G.N. Malik