Jaipur, Feb 22: The Rajasthan High Court has ruled that a mosque, being a place of religious worship, falls under the definition of ‘Waqf’ as per Section 3(r) of the Waqf Act, 1995. Consequently, disputes regarding such properties must be adjudicated exclusively by the Waqf Tribunal.
Court’s Ruling
A bench of Justice Birendra Kumar cited Section 85 of the Waqf Act, which bars civil courts, revenue courts, or other authorities from hearing cases related to waqf properties. The Court clarified that the jurisdiction for such disputes lies solely with the Waqf Tribunal.
The ruling came in response to a civil revision petition challenging a lower court’s refusal to reject a plaint under Order VII Rule 11 CPC. The case involved the Madina Zama Masjid, allegedly built with contributions from the local Muslim community. While the petitioners (original defendants) claimed ownership of the mosque property, the plaintiffs sought an injunction to prevent any interference with religious activities.
Trial Court’s Error
The civil court had dismissed the petitioners’ plea, reasoning that the mosque was not registered as waqf property. The High Court, however, held that permanent dedication of immovable property for religious use qualifies it as waqf, regardless of its registration status. As a result, the civil court lacked jurisdiction.
Key Observations
The Court ruled that:
A mosque, as a place of religious worship, is covered under the Waqf Act.
Disputes related to waqf properties must be addressed by the Waqf Tribunal.
The civil court erred in hearing the case, violating the bar under Section 85 of the Waqf Act.
The High Court allowed the civil revision petition, directing the rejection of the plaint and granting liberty to the plaintiffs to approach the Waqf Tribunal within four weeks.
Implications and Recent Legislative Developments
Traditionally, waqf properties are irrevocably dedicated for religious or charitable purposes under Islamic law. A ‘mutawalli’ is appointed to manage such properties.
In August 2024, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha to streamline waqf management. A key proposal seeks to eliminate ‘waqf by user,’ ensuring only documented properties owned by an individual for at least five years can be declared as waqf. This change could impact historically recognized waqf properties like mosques and graveyards that lack formal documentation.
The High Court’s decision reinforces the jurisdictional framework under the Waqf Act while aligning with ongoing legal reforms in waqf administration.
