Religious structure: Waqf property – Respondent no.1 was granted lease of an area in Survey no.6731 for the purpose of mining activities – Writ petition filed by respondent no.1 seeking direction to the Wakf Board-appellant and other respondents not to interfere with the action of respondent no.1 in removing a structure forming part of Khasra No. 6731 at Village Pur – Plea of Waqf Board that there is a religious structure on the land comprising in Survey No. 6731 – High Court allowed writ petition – Appeal by Wakf Board – Held: The Qalandari Masjid on Tiranga Hill as per the document produced by the Waqf Board is located on Survey No.
931 – There is no assertion that the Survey No. 931 is changed as Survey No. 6731 – Therefore, the claim of the Waqf Board is on a different portion of land and not the land leased to respondent no.1 – There is also discrepancy in the total area of the Masjid in the documents produced – Moreover, there is no evidence to prove that the structure was being used as a mosque and termed as Waqf – In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place – No interference with the decision of High Court.
Dismissing the appeals, the Court
HELD: 1. The Qalandari Masjid on Tiranga Hill as per the document produced by the appellant is located on Survey No.
931. There is no assertion that the Survey No. 931 is changed as Survey No. 6731. In fact, the old number of Survey No. 6731 is 9646 or may be some other number but positively not the survey number 931. Therefore, the claim of the appellant is on a different portion of land and not the land leased to the writ petitioner. There is discrepancy in the total area of the Masjid in the two documents, i.e., the extract produced by the appellant from the register and the second survey report. The letter dated 17.4.2012 by the Anjuman Committee is based upon hearsay and is not of any binding value. [Para 16][810-E-G]
2. Still further, there is no evidence at any given point of time that the structure was being used as a mosque. There is no allegation or proof of either of dedication or user or grant which can be termed as a waqf within the meaning of the Act. The report of the experts is relevant only to the extent that the structure has no archaeological or historical importance. In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaaz. [Paras 17, 18][810-G; 811-A, C-D]
3. The stand of the State Government that they have identified it to be a religious structure comprising in Khasra No. 6731 has not been produced on record. There is nothing on record that such decision if any, was arrived at after associating the writ petitioner. It is always open to the State as lessor to exercise the powers conferred in it by the lease deed after complying the principles of natural justice and on good and sufficient grounds. [Para 19][811-E]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.