VidhiSangh

Supreme Court of India · 20/10/2022

MAHARASHTRA STATE BOARD OF WAKFS versus SHAIKH YUSUF BHAI CHAWLA & ORS.

[2022] 12 S.C.R. 482 · 2022 INSC 1127

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Summary

Muslim public trusts registered under the Bombay Public Trusts Act, 1950 challenged the incorporation of the Maharashtra State Board of Wakfs in 2002 and the lists of wakfs published in 2003 and 2004, which treated them as wakfs. The Bombay High Court quashed the incorporation and the lists. The Supreme Court partly allowed the appeals. A Board may be incorporated before the Section 4 survey, and Section 13(2) does not oblige the State to create separate Shia and Sunni Boards. Under Nawab Zain Yar Jung, a Muslim may create either a public trust or a wakf, and the 1964 amendment of "beneficiary" did not erase that distinction. Wakfs deemed public trusts under Section 28 of the 1950 Act remain wakfs. The lists were upheld, but the trusts favoured by the Bifurcation Committee were given a fresh hearing before the Board.

Issues

  1. Whether a State Board of Wakfs could be incorporated under Section 13 of the Wakf Act, 1995 before the survey under Section 4, and whether Section 13(2) mandates separate Shia and Sunni Boards.
  2. Whether Muslim public trusts registered under the Bombay Public Trusts Act, 1950 are necessarily wakfs, and whether the High Court rightly quashed the lists of wakfs under Article 226.

Provisions considered

Held

Result

Appeals partly allowed; the High Court's quashing of the Board's incorporation set aside and the 2003 and 2004 lists upheld, except that for respondent trusts favoured by the Bifurcation Committee the lists stand set aside and the Board must hear and decide their status within six months if they apply within eight weeks; those not applying stand restored in the lists; Section 40 powers unaffected; parties to bear own costs.

Judgment PDF: Supreme Court of India, [2022] 12 S.C.R. 482.