Court Questions Government’s Powers Under New Law
A bench led by Chief Justice BR Gavai and Justice AG Masih observed that the proviso to Section 3C(2) of the amended Act—which temporarily stripped disputed lands of their Waqf status pending government inquiry—was “prima facie arbitrary.” The Court noted that once a property is identified or declared as Waqf, it cannot be treated otherwise without judicial determination of ownership.
The judges clarified that while the government could conduct inquiries through designated officers above the rank of Collector under Section 3C(1) and 3C(2), final authority on title must rest with Waqf Tribunals established under Section 83 of the Act. These tribunals’ decisions, in turn, can be challenged before High Courts.
Separation of Powers Highlighted
Reinforcing the principle of separation of powers, the Court said: “A revenue officer cannot be entrusted with the work of determination of the title of a property. The question of ownership must be resolved by a judicial or quasi-judicial authority.”
The bench stayed the operation of Section 3C(3) and 3C(4), which required corrections in government and Waqf Board records if the designated officer concluded that the land belonged to the state. According to the Court, altering official records before a judicial verdict could unfairly prejudice stakeholders.
Protection of Waqf Status Until Tribunal Ruling
Until tribunals or High Courts issue final orders, the Court directed that disputed lands should continue to be treated as Waqf properties. At the same time, to safeguard government interests, it barred muttawallis (Waqf managers) from creating third-party rights over such lands during the pendency of proceedings.
“Neither the Waqfs will be dispossessed of the property nor the entries in revenue or Waqf Board records shall be changed,” the judgment stated. “However, pending adjudication, no third-party rights shall be created.”
Key Provisions Affected
- Proviso to Section 3C(2): Stayed; Waqf status cannot be revoked pending inquiry.
- Sections 3C(3) & 3C(4): Stayed; corrections to revenue and Waqf Board records cannot be made until tribunal orders.
- Section 3C(1): Upheld; inquiry by designated officer allowed but not determinative of title.
Balancing Rights and Government Concerns
The Court emphasized the need to balance protection of religious endowments with safeguarding public property. While acknowledging the government’s concern about encroachments, it insisted that only judicial forums could decide ownership disputes to ensure fairness and constitutional compliance.
Next Steps
The ruling provides temporary relief to Waqf institutions, preserving their land status until tribunals or higher courts conclude proceedings. The matter will now be pursued in detail before Waqf Tribunals under Section 83 of the Act. The Court also reiterated that its stay order would not prevent inquiries but ensures that outcomes are subject to judicial scrutiny.
