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Statutory power of the Waqf Board to supervise and manage Nagore Dargah

51.While setting forth the facts of the Dargah, I have pointed out that https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 01:16:51 pm ) from 1954 till 01.01.1996, there was a doubt whether the Waqfs, which are governed by a Scheme, come within the superintending control of the Waqf Board. Though an Explanation was inserted to Section 15(1), it was never notified. However, by virtue of Section 32(1) of the Waqf Act, 1995, all Waqfs in a State come within the jurisdiction, control and administration of the Waqf Board. The doubt that prevailed between, 1954 and 1995 has been clarified by the Explanation to Section 32(1). This very issue has been considered by the Division Bench in its judgment dated 08.06.2018.

71.In order for the Scheme to be implemented by a Scheme Court, there should be a divesting of jurisdiction from the Waqf Board and vesting the same with the Scheme Court. I have referred to the judgment of the Division Bench in the batch of cases dated 08.06.2018. The Division Bench had held that by virtue of the Waqf Act of 1995, it is the Waqf Board which has the statutory duty to administer, supervise and control Waqfs in the State of Tamil Nadu. Unless and until, the Parliament divests the Waqf Board of the jurisdiction to administer such Waqfs, the Scheme Court cannot seize jurisdiction automatically. This is more so, when its jurisdiction had been removed from it, by virtue of Section 32(1) read with its Explanation.

74.When the jurisdiction is vested with the Waqf Board, it cannot voluntarily or involuntarily, part with the same. This is especially so, when the Parliament had specifically enacted Section 32(1) Explanation to confer the Waqf Board with the jurisdiction to administer, supervise and control the Waqfs which are governed by Scheme decrees.

75.When the Waqf Act of 1995 has vested the power with the Waqf Board, neither the Waqf Board can surrender it nor the Scheme Court can grab it. Jurisdiction is not a matter of acquisition, but one conferred by a Statute. Unless and until, a Statute confers it again on the Scheme Court, I cannot come to a conclusion that the Waqf Board has lost its jurisdiction by filing an application before a Scheme Court.

Decision

101.In the light of the above discussion, I conclude as follows:

(i)The District Court at Nagapattinam post 08.06.2018 has no jurisdiction to deal with the Nagore Dargah;

(ii)It is the Waqf Board which has the jurisdiction to supervise, https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/04/2025 01:16:51 pm ) administer and control the Waqf; and