Supreme Court Clarifies Waqf Act: Not All Disputes Fall Under Tribunal's Purview
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News18•28-01-2026, 20:24
Supreme Court Clarifies Waqf Act: Not All Disputes Fall Under Tribunal's Purview
- •The Supreme Court ruled that Section 85 of the Waqf Act, 1995, does not impose an absolute bar on civil courts' jurisdiction.
- •A Waqf Tribunal's authority is limited to matters specifically assigned by law; it cannot decide on tenant eviction or general civil injunctions.
- •The Tribunal can only determine if a property is Waqf if it's recorded in the 'list of Waqfs' or duly registered under the Act.
- •The applicability of the Act or the definition of 'Waqf' does not automatically grant jurisdiction to the Tribunal.
- •Encroachment removal powers are exercised by the Waqf Board's CEO under Sections 54(3) and 54(4), not by the Tribunal under Section 83.
Why It Matters: Supreme Court clarifies Waqf Tribunal's limited jurisdiction, affirming civil courts' role in many Waqf-related disputes.
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