- Case
- ALIASGAR RAMZAN DEKHANI v. MAHARASHTRA STATE BOARD OF WAQF AND ORS. (Bombay High Court, 10-03-2025)
- Law
- Maharashtra Public Trusts Act, Waqf Act.
Facts: A dispute arose regarding the registration of Haji Mohammad Jawad Ispahani Imambara Trust as a Waqf. The Maharashtra State Waqf Board registered the Trust as a Waqf under Section 43 of the Waqf Act, 1995, based on its prior registration as a 'B' category (Muslim) trust under the Maharashtra Public Trusts Act, 1950. The Trustees challenged this registration, arguing that mere registration under the MPT Act does not automatically convert a trust into a Waqf under Section 43 of the Waqf Act, 1995. Respondent No. 3 had initially sought removal of the Trustees under Section 41D of the MPT Act but later applied for registration of the Trust as a Waqf under Section 43 of the Waqf Act.
Procedural Posture: The Trustees filed Waqf Application No. 9 of 2018 before the Maharashtra State Waqf Tribunal, Aurangabad, challenging the Waqf Board's registration order. The Tribunal dismissed the application. The Trustees then filed Civil Revision Applications before the Bombay High Court challenging the Tribunal's order.
Issue: Does registration of a Trust as a 'B' category (Muslim) trust under the Maharashtra Public Trusts Act, 1950, automatically make it a Waqf under Section 43 of the Waqf Act, 1995, by virtue of a deeming fiction? Can the Waqf Board exercise jurisdiction under Section 43 of the Waqf Act when there is no prior registration as a Waqf under the Waqf Act, 1954?
Holding: No, registration as a 'B' category trust under the MPT Act does not automatically make it a Waqf under Section 43 of the Waqf Act, 1995. The Waqf Board's exercise of jurisdiction under Section 43 was unwarranted in the absence of prior registration as a Waqf. The High Court allowed the Civil Revision Applications, setting aside the Tribunal's order and the Waqf Board's registration order.
Reasoning: The Court reasoned that Section 43 of the Waqf Act requires prior registration as a Waqf under any law for the time being in force before the commencement of the Waqf Act, 1995, for the deeming fiction to apply. Mere registration as a 'B' category trust under the MPT Act does not fulfill this requirement. The Court distinguished its earlier judgment in Asfaq-Ul-Haq Khan, stating that it was based on the specific fact that the trust properties therein were dedicated to the Almighty. The Court relied on the Supreme Court's judgment in Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla, which held that a Muslim Public Trust registered under the MPT Act need not necessarily be a Waqf under the Waqf Act. The Court also noted that Respondent No. 3 should have followed the procedure under Section 36 of the Waqf Act, which provides for a detailed inquiry and hearing before registering a Waqf.
