‘This land was of Waqf and will remain of Waqf’, important decision of HC on dispute over land.

Amid the ongoing debate in the country on the Waqf (Amendment) Bill, the Punjab and Haryana High Court has given an important decision. The court said that whatever Takiya, graveyard and mosque are recorded in the revenue records, they will remain the property of Waqf. Whether Muslims use it or not. The High Court has given this decision on the petition of a Gram Panchayat, in which the decision of the Waqf Tribunal has been challenged. The tribunal declared a land as Waqf property and restrained the Gram Panchayat from tampering with its possession.

This case pertains to a disputed land between the Gram Panchayat of Budho Pundher village and the Punjab Waqf Board and others. The bench of Justice Sureshwar Thakur and Justice Sudeep Sharma said that if any place is recorded in the name of Takiya, graveyard and mosque in the revenue records, then it will remain the same. Even if the Muslim community does not use it. The court was told that the disputed land was donated by the Maharaja of Kapurthala to Subhe Shah’s sons Salamat Sha and Nikke Sha in 1922 and it was declared in the name of Takiya, graveyard and mosque.

Sha Brothers went to Pakistan at the time of partition and this land went to the Gram Panchayat. However, a survey was conducted after partition in the year 1966 and in the documents prepared at that time, Gram Panchayat was made the owner in the ownership column and in the classification column of the land, it was classified as Takiya, graveyard and mosque of the Gram Panchayat. . On the basis of revenue entry, the tribunal declared the property as Gair Mumkin Masjid, Takiya and graveyard as Waqf property.

The High Court relied on a 1968 Supreme Court decision, in which the Supreme Court had said, once a cemetery becomes a public cemetery, it vests in the public and becomes a Waqf and cannot be transferred to any non-user. There cannot be any right on it, it will always belong to Waqf, whether it is used or not. The High Court also rejected the demand of the Gram Panchayat that the Waqf Tribunal is not entitled to decide the case and pass orders on the disputed land.

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