In a significant ruling, the Bombay High Court has clarified that a Mutawalli or any person interested in a Waqf institution can initiate legal proceedings for the removal of encroachments under Section 83(2) of the Waqf Act, 1995, without necessarily invoking Section 54, which empowers the Waqf Board’s CEO to act on encroachments, reported the Verdictum.
Justice Sandeep V Marne, while hearing a revision plea, upheld an earlier decision by the Maharashtra State Waqf Tribunal directing the Applicants to vacate and hand over a disputed property belonging to the Kamruddin Masjid (Jamaiyatul Kubra) Camp. The Applicants had challenged the maintainability of the suit initiated by the Respondents, who claimed to be individuals interested in the Waqf.
The Applicants asserted that they had been in possession of the property since 1960 under tenancy rights. However, the Tribunal ruled in favor of the Respondents, ordering eviction.
Rejecting the revision plea, Justice Marne observed, “Section 83(2) of the Waqf Act does not impose any restriction preventing a Mutawalli or a person interested in Waqf property from filing a suit directly before the Waqf Tribunal. The absence of such a restriction indicates that their right to sue is valid and legally maintainable.”
He further explained that while Section 54 enables the CEO to file an application after an inquiry into the alleged encroachment, it does not eliminate the right of individuals such as Mutawallis or persons interested in the property to take independent legal action.
“The harmonious reading of Sections 54 and 83(2) makes it clear that both routes are permissible. The statutory mechanism under Section 54 is not mandatory for a Mutawalli or interested person,” the Court stated.
Thus, the High Court concluded that there was no perversity in the Waqf Tribunal’s findings and that its order did not warrant interference under the Court’s revisional jurisdiction as provided under Section 83(9) of the Act.
