Wakf Act, 1995 , and not under the Wakf Act,
2013 . The provisions of Section 32(i) of the Wakf Act, 1995
empowers the Wakf Board ... Section 83 of the Wakf Act, 2013 (Amendment Act, 2013 ) has now
given the powers to the Wakf Tribunal to decide dispute about
::: Uploaded
Amendment) Act 2013 has received the assent of
the President on 20th September, 2013 and published in the
Gazette of India on 23rd September, 2013 ... with the
board. However, after the amendment to Sec. 23 in the Wakf Act
1995 in the year 2013 rigor of consultation of the board
provisions of Sections 4 , 5 and 6 of the Wakf Act, 1995.
3 of 10
::: Uploaded on - 04/01/2022 ::: Downloaded on - 05/01/2022 ... Wakf (Amendment) Act, 2013 (27 of
2013), in case such survey was not done before the
commencement of the Wakf (Amendment) Act, 2013:
Provided that
Waqf Act (before the recent Waqf (Amendment) Act,
2013) read as under :
"56. Restriction on power to grant lease of wakf
property ... over, Civil
Suit could be maintained till recent Amendment of 2013. This
Court, in the case of Shaikh Shafiq Vs. Kisan Laxman (Civil
Revision Application
said Act as amended.
The applicant was in possession prior to the amendment of
said provision by virtue of Act No.27/2013 coming into ... Act as it
stood prior to its amendment by Act No.27/2013, a lease
exceeding period of three years with regard to wakf property
pursuant to section 54 (4) of the
Wakf Act, as had been subsisting before amendment in 2013.
3. It appears that the Waqf Tribunal initially ... provisions of section 54 (4)
of the Wakf Act, 1995, as were subsisting prior to amendment of
2013, reading thus -
" 54 (4) Nothing contained
once a Wakf is always a Wakf, would not alter its
nature so as to confer any right upon the claimants. A Wakf
could ... order under Section 54 of the Act 1995 on
23.01.2013. The said order is before the amendment of 2013,
which came into force on 20th
once a Wakf is always a Wakf, would not alter its
nature so as to confer any right upon the claimants. A Wakf
could ... order under Section 54 of the Act 1995 on
23.01.2013. The said order is before the amendment of 2013,
which came into force on 20th
Act, the party can
approach the Wakf Tribunal for the determination of
any dispute, question or other matters relating to a
Wakf or Wakf property ... amendment made to
Section 83 of Wakf Act, 1995 is discussed by this Court.
Due to this amendment made in the year 2013 Tribunal
matter
relating to a wakf or wakf property
under this Act and define the local
limits and jurisdiction under this Act
of each of such ... section (1) of Section 83
has been amended by the Waqf (Amendment) Act, 2013
which has been brought into force with effect from
1st November
