Jammu and Kashmir High Court Orders Creation of Waqf Tribunal to Address Disputes

In a significant judgment, the High Court of Jammu and Kashmir and Ladakh has mandated the creation of one or more Waqf Tribunals in the Union Territory to adjudicate disputes involving the Waqf Board. This decision, delivered by Justice Sanjeev Kumar, comes in the wake of a series of writ petitions from individuals occupying Waqf Board properties, who contested arbitrary rent hikes imposed by the Board.

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The Waqf Board had argued that such disputes fall outside the High Court's jurisdiction, claiming that the Board is not a state entity under Article 226 of the Constitution. However, the Court clarified that while the Waqf Board is a statutory body, it does not constitute a "State" as defined in Article 12, since it lacks governmental control in financial, functional, and administrative aspects.

The ruling highlighted that disputes over lease agreements and rent are primarily contractual, and thus, traditional writ petitions against the Waqf Board on these grounds were deemed non-maintainable. Nonetheless, the Court acknowledged the absence of a dedicated tribunal for resolving such matters, noting that without it, petitioners have no recourse for their grievances, as existing civil or revenue courts do not have jurisdiction over Waqf property disputes.

To bridge this legal gap, the High Court directed the Union Territory Government to establish Waqf Tribunals within two months, as stipulated by Section 83 of the Waqf Act, 1995. In the interim, a status quo is to be maintained regarding the petitioners' situations.

This landmark decision is poised to enhance the judicial process for individuals embroiled in Waqf property disputes, offering a specialized forum for fair and efficient resolution. The establishment of Waqf Tribunals is a step forward in ensuring access to justice for all stakeholders involved, reflecting the judiciary's dedication to addressing the complexities of Waqf property cases in Jammu and Kashmir.