New Delhi: The Supreme Court will soon decide whether a preliminary survey under Section 4 of the Waqf Act, 1995 is mandatory before issuing a gazette notification under Section 5 declaring any property as waqf. The case arises from a dispute involving properties under the Karnataka State Waqf Board, where it was alleged that no survey was conducted prior to the notification.
A bench of Justice Aravind Kumar and Justice N.V. Anjaria is hearing the matter through a special leave petition challenging a Karnataka High Court order. The High Court had earlier ruled that notifications issued under Section 5 must comply with the survey requirements of Section 4. It further observed that the Waqf Tribunal had erred by treating the Gazette notification as conclusive proof of the property’s waqf status without supporting evidence.
The Supreme Court bench also referred to the 2023 judgment in Salem Muslim Burial Ground Protection Committee v. State of Tamil Nadu, which held that conducting a survey before declaring a property as waqf is essential. The absence of such a survey, the court had noted, invalidates any subsequent notification.
The current bench will also assess whether, in the absence of Section 4 compliance, the proviso to Section 6—restricting the filing of suits beyond one year after publication of the list of auqaf—can still apply. The matter is scheduled for hearing on December 3, with parties directed to submit additional evidence on Section 4 compliance within a week.
