CHENNAI — The Madras High Court has ruled that the mere presence of a Dargah on a piece of land does not automatically place the property under the jurisdiction of the Waqf Board. The court insisted that the Board must first establish, through due legal process, that the land qualifies as Waqf property.
Justice K. Govindarajan Thilakavadi made the observation while hearing a dispute involving the Sarkar Syed Habibullah Sha Khadari Arif Rabbani Hazarath Dargah in Chennai’s Triplicane area. In an order passed on June 5, the court noted that a religious institution cannot be treated as a Waqf solely because it is associated with Islamic religious practices.
“The existence of a Dargah alone does not give the Waqf Board authority over the property unless it has been legally recognized and treated as a Waqf under the law,” the court observed.
The ruling came as the High Court quashed a resolution passed by the Tamil Nadu Waqf Board that sought to appoint a new Mutawalli for the Dargah and initiate its registration under the Waqf Act without first conducting the mandatory survey.
Justice Thilakavadi further clarified that not every grave or Dargah can automatically be considered Waqf property. For a property to attain Waqf status, there must be clear evidence of a permanent dedication by a Muslim for a religious, charitable, or pious purpose recognized under Islamic law.
According to the case records, the Dargah stands on Kamaraj Road in Triplicane. While it was claimed that the shrine is around 240 years old, the appellant asserted that his family had been managing and maintaining it for more than 40 years.
The appellant challenged the Waqf Board’s decision to appoint A. Shainsha as the Dargah’s Mutawalli, arguing that the land did not belong to the Waqf Board and was, in fact, owned by the Public Works Department (PWD). It was also argued that the Board lacked the authority to declare the property as Waqf land or appoint a Mutawalli without following the procedures laid down in the Waqf Act.
Defending its position, the Tamil Nadu Waqf Board contended that the land and surrounding areas originally belonged to the Dargah before portions were taken over by municipal authorities and the PWD. The Board also informed the court that the process of registering the Dargah under Section 36(4) of the Waqf Act was underway.
However, the PWD maintained that the land is classified as government poramboke land and had been allotted rent-free to the Bharat Scouts and Guides. The department further alleged that the Dargah had been registered without obtaining its consent.
In its judgment, the High Court highlighted the importance of conducting a proper survey before any property can be declared Waqf land. The court described such a survey as an essential legal requirement and held that, in the absence of a survey, registration, or official notification as Waqf property, the Board cannot assume control merely because the institution is a Muslim religious site.
