[J&K Wakfs Act 1978] Act Overrides All Other Laws, Any Sales Of Wakf Properties Inconsistent With It Are Legally Insignificant & Inoperative: High Court

Shedding light on the status of Acts which are inconsistent with the Waqf Act Justice Javed Iqbal Wani observed,

“The Act of 1978 and of the rules and orders made thereunder shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law”.

The case involved petitioners Baldev Singh and Rajinder Jeet Singh, challenging the validity of SRO 95 dated 19.03.1981, which designated a particular land as Wakaf property.

The petitioners contested the notification, arguing that the land in question, originally allotted to respondent Behari Lal as evacuee property, had been subsequently sold to them in 2000. They sought relief under Article 226 of the Constitution, urging the court to quash SRO 95 and related orders.

After examining the record, Justice Wani observed that SRO 95 was issued following a proper inquiry under the J&K Wakfs Act and highlighted Section 54 of the Act, which explicitly states that its provisions supersede any conflicting provisions in other laws.

The bench also highlighted Section 52 of the Wakafs Act, which expressly prohibits the transfer of Wakaf properties, overriding any conflicting laws, including the Agrarian Reforms Act of 1976 under which the petitioners claimed their ownership.

It added, “Transfer of the occupancy rights under the Agrarian Reforms Act, 1976 by sale mortgage or gift are permissible, yet the said sale could not have been effected qua the land in question by the respondent 6 herein in favour of the petitioners herein in view of the provisions Section 52”

The court further noted that the respondent (Wakf Board) had produced documents indicating the petitioners, or their fathers, had previously leased the land from the Wakf Board through auctions. This fact, the court observed, was concealed by the petitioners in their petition.

In light of these findings, Justice Wani concluded that the petition lacked merit and dismissed it, along with all connected applications and interim directions.

Case Title: Baldev Singh Vs State of Jammu & Kashmir

Citation: 2024 LiveLaw (JKL) 43

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