Ahmedabad: The Gujarat High Court has dismissed nearly 150 petitions filed by Muslim Waqf institutions seeking exemption from payment of court fees while approaching the Gujarat State Waqf Tribunal. The court held that no blanket exemption exists under law for such proceedings in the state.
Justice JC Doshi ruled that applications filed under Section 83 of the Waqf Act involve adjudication of rights and obligations between contesting parties. Such proceedings carry the character of civil suits. As a result, provisions of the Gujarat Court Fees Act, 2004 apply.
The petitions involved disputes related to rent, possession, and occupancy rights over Waqf properties across Gujarat. Institutions such as the Sunni Muslim Idgah Masjid Trust, Vadodara Saher Masjid Sabha Trust, and the Sarkhej Roza Committee challenged tribunal orders that directed them to pay court fees before their cases were heard.
The court noted that the Waqf Tribunal had earlier ordered correction of suit valuation and payment of deficit fees. The institutions did not challenge those directions before any higher forum. They also failed to comply within the stipulated time. The tribunal then rejected the plaints. The High Court found no illegality, jurisdictional defect, or error of law in those orders.
Counsel for the Waqf bodies argued that the Waqf Act does not mention court fees. The court rejected this claim and held that the Gujarat Court Fees Act governs all courts and public offices in the state where no special exemption exists. Section 4 of the Act bars filing or recording of documents without payment of fees.
The court further observed that the Waqf Tribunal functions as a civil court with powers to try suits and execute orders. The judgment clarified that court fees apply based on the nature of relief sought. The ruling affects Waqf institutions seeking recovery of property from tenants or alleged encroachers and underscores the need for proper valuation and payment of fees.
