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Showing contexts for: Alienation of wakf property in Aliyathammada Beethathabiyyapura ... vs Pattakkal Cheriyakoya And Ors. on 13 June, 2003Matching Fragments
8. The Tribunal can also entertain applications. Section 39(3) empowers the Wakf Board to make an application to the Tribunal for recovery of possession of any building or other place which was being used for religious purposes or institution or for charity before the commencement of the Act, has ceased to be used for, that purpose. The second proviso to Section 51(2) also enables the Tribunal to entertain application concerning alienation of Wakf property.
9. The above mentioned and other provisions would indicate that considerable powers have been conferred on the Tribunal by entertaining such appeals, applications etc. to resolve various disputes relating to Wakf and Wakf property. Therefore when a dispute raised before the Wakf Tribunal or in a civil suit the Tribunal and Court have to examine whether those disputes fall within the jurisdiction of the Tribunal by way of suit, appeals or applications. If the Civil Court finds that it would fall within the Jurisdiction of the Tribunal it would leave it to the Tribunal to resolve those disputes. In other words, any dispute, question or other matters relating to Wakf or Wakf property under the Wakf Act as well as any dispute, question or other matters? required by or under the Wakf required to be resolved by the Tribunal those matters be left to the Tribunal and not to the civil Court. The Wakf Act envisages that both the disputes falling under both the limbs be determined by the Tribunal itself not by the civil Court. The constitution of Tribunals for resolution of disputes are common in the modern Judicial system. The very purpose and intend for setting up of Tribunal is to of provide an expert machinery for the resolution of disputes relating to institution of wakf or the provision of dedicating property movable or immovable or religious purposes and for the uplift of the poorer sections of the society have been a distinguishing feature of the socio, economic, structure of Islamic few. The doctrine of Wakf which is interwoven with the entire religious life and social economy of Muslims has laid down the foundations of one of the most important institutions of the community. Considering their number and resources, wakfs can become a strong instrument not only for the preservation of religious and charitable institutions, but also for educational and economic development of the community. The subject Wakf is relatable to entries No. 10 Trust and Trustees and No. 28 Charities, and Charitable, institutions, charitable and religions endowments and religious Institutions in the concurrent list attached to the 7th Schedule to the Constitution of India. Supervision over the administration of Wakfs is therefore, the responsibility of both the Central and State Governments. Article 26 of the Constitution gives freedom to every religious denomination to establish and maintain its religious and charitable institutions subject to public order, morality and health. Dispute regarding Wakf and Wakf property will have far reaching consequences in the socio-economic structure of, the Muslim, Religion. Wakf Act, 1995 was enacted to provide for the better administration of Wakfs. Act pro-vides for setting up of Wakf Tribunal to consider the disputes pertaining to. Wakf. Section 6 of the Act specifically stipulates, that if any question arises whether a particular property specified as Wakf property in the list of Wakfs is Wakf proper or not or whether a Wakf specified in such list is a Shia Wakf or Sunni Wakf, the Board, or the mutawalli of the Wakf or any person interested therein may institute a suit in a Tribunal for the decision of the question and the decision of the Tribunal in respect of such matter shall be final. Section 7 says that if after the commencement of the Wakf Act any question arises whether a particular property specified as Wakf property in a list of Wakf is Wakf property or not, or whether a Wakf specified in such list is a Shia Wakf or a Sunni Wakf, the Board or the Mutawalli of the Wakf or any person interested therein may apply to the Tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the Tribunal thereon shall be final. Section 54 also empowers the Tribunal to resolve the disputes relating to encroachment on any land, building, space or other property which is Wakf property. These provisions and other provisions have conferred specific powers on the Tribunal for resolution of disputes and also attached finality to those decisions. In our view the above provisions specifically confer powers on the Tribunal which falls under both the limbs of Section 35 of the Act. Section 83 of the Act empowers State Government to constitute as many Tribunal's as it may think fit for the determination of any dispute, question or other matter relating to a Wakf or Wakf property under the Act. Section 84 stipulated that whenever an application is made to Tribunal for the; determination of any dispute, question or other matter relating to a Wakf or Wakf property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable on the conclusion of the hearing of such matter gives its decision in writing and furnish a copy of such decision to each of the parties to the dispute. The said statutory provision therefore necessitates expeditious disposal of the disputes of Wakf and Wakf property. Sections 83 and 84 would fall within the first limb of Section 85 as explained by us in the earlier part of the Judgment since both under Section 83 as well as under Section 84 the expression used is "relating to" mot "required by". The Tribunal has got power to resolve any dispute, question or any other matter 'relating to Wakf or' Wakf property once it is Constituted under Section 83 of the Act over and above what was required to be decided by it specifically by the Act. We have therefore no hesitation to state that the intention of the legislature is to see that all those disputes be resolved by the Tribunal, not only the specific matters conferred on the Tribunal by the Wakf Act but also any dispute and other matter relating to Wakf and Wakf property as well. The objects and reasons incorporating the Bill presented to the Legislature would show the object of the legislation is to provide better administration and supervision of Wakfs throughout the country. This would give an idea of the antecedent state of affairs.