10 Jun 2121

Possession without any document to prove title would be a clear encroachment on the waqf propety - Bombay High Court

Case : Liyakat And Anr. v. Maharashtra State Board of Waqf Civil Revision Application No. 113 of 2018

Court : Bombay High Court

Bench : Justice R. G. Avachat

Decided on : 10 Jun 2121

Relevant Statutes

Section 83 of Waqf Act, 1995

Brief Facts and Procedural History

1. The matter was regarding Survey Land No. 306 situated at village Rahamatpur, Taluka Koregaon, District Satara. Application is of the belief that land belongs to him but the application was filed before the C.E.O., Maharashtra State Waqf Board regarding the removal of encroachment by the applicant on the said land, which was allowed by the Waqf board and was reaffirmed by the Waqf Tribunal.

2. Against which applicant preferred revision application before this Honorable High Court.

The Issues of the Case

Whether the impugned property belongs to the applicant or there is an encroachment on the property belonging to the waqf board?

The Observations of the Court

1. The Honourable Bombay High Court after looking into the submissions made by the learned counsel and checking the evidence on record noted down that the land survey no. 306 measures a total of 1 hector of land and the entire land is shown as a burial ground.

2. In the year 1977, some plots were sold to various persons, names of those persons were entered in the city survey record but the applicant has no document of title to prove their claim over that portion in their possession.

3. The Honourable Bombay High Court relying on the judgment of Assistant Charity Commissioner (A.C.C.), which held that only 20 gunthas of land and another piece of 8*7 feet of land forms part of waqf property, but relying on this judgment, the benefit cannot be extended to the applicant. As of today, the entire land belongs to waqf.

4. Thus, after considering all the pieces of evidence on record, High Court had clearly come to the conclusion that the applicant has encroachment on the land and thus ordered to remove such encroachment.

The Decision Held by the Court

1. Any disposition or sale on the impugned land is an encroachment on the said land and the same was done by the applicant, as he has no title to prove.

2. Order of Waqf Board and Waqf Tribunal is thus upheld.

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