Land recorded as Takia, graveyard or mosque must be protected even if unused for long: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that land recorded as Takia (land meant for common use of Muslims), graveyard, or mosque in revenue records must be protected even if unused by the Muslim community for a long time [Gram Panchayat of Village Budho Pundher v. Punjab Wakf Board and Others]..A Division Bench comprising Justices Sureshwar Thakur and Sudeepthi Sharma observed that any entry in the revenue records that declares land as a Takia, graveyard, or mosque is final and conclusive."Any entry in the revenue records declaring the land as Takia, graveyard and Maszid, enjoys conclusivity, and, is required to be ensured to be protected even at the site concerned, despite evidence of purported prolonged non-user thereof by the Muslim community (sic),” the Court observed..The Court made this observation while dismissing the plea filed by a Gram Panchayat, which challenged the Waqf Tribunal's decision to declare the land as Waqf property and to restrain the Panchayat from disturbing its possession..The case arose from a dispute between the Punjab Wakf Board and the Gram Panchayat over a property allegedly donated to the Wakf Board by Maharaja Kapurthala. The Wakf Board filed a suit seeking a declaration of ownership and a permanent injunction, claiming that the land in question was classified in revenue records as Takia, graveyard, and mosque. The Waqf Tribunal allowed the Wakf Board's suit for a declaration of rights in its favour and permanent injunction. As a result, the Gram Panchayat was restrained from disturbing the Wakf Board's peaceful possession of the property. Dissatisfied with this decision, the Gram Panchayat of Village Budho Pundher challenged the order before the High Court..The Panchayat argued that the land was classified as Shamilat Deh (village common land) in revenue records, making it Gram Panchayat property. It contended that the jurisdiction to decide the matter rested with authorities under the Punjab Village Common Lands (Regulation) Act, 1953, and not the Wakf Tribunal.The Panchayat also claimed that the 1971 notification declaring the land as Wakf property was invalid, as no prior notice was served to the Panchayat, violating principles of natural justice..The High Court, however, upheld the Wakf Tribunal's ruling, stating that the entries in revenue records declaring the land as Takia, graveyard, and mosque were conclusive. The court noted such entries take precedence over classifications like Shamilat Deh."The entry in the classification column of the relevant revenue entry, enjoys precedence over the entry in the revenue records describing the petition lands as Shamlat Deh," the Court said.The Court also ruled that the Wakf Tribunal had exclusive jurisdiction over the matter under the Wakf Act and that the Gram Panchayat's contention that the case fell under the Punjab Act, 1953 was rejected..The Court found that the 1971 notification declaring the disputed property as Waqf property was valid and consistent with revenue records. Given the conclusiveness of these records, the absence of notice to the Panchayat was deemed immaterial by the Court.“The verdict pronounced by the Tribunal concerned, is within the boundaries of the competent jurisdiction, vested in it, besides when the Tribunal concerned, became so constituted, in terms of a notification dated 11.09.1971, wherebys there was a bar against the exercise of jurisdiction of the present subject matter by the Civil Court, besides even by the Collector exercising jurisdiction under the Punjab Village Common Lands (Regulation) Act, 1961 (sic),” the Court added..Accordingly, the Court dismissed the Gram Panchayat's petition, upholding the Waqf Tribunal's decision as valid and lawful.. Advocate Satinder Khanna appeared for the Panchayat, while Advocate GN Malik represented the Punjab Waqf Board..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.