Waqf property Archives

Bhojshala Directions Jain Temple Objections

MP HC Evaluates Preliminary Objections Raised On Maintainability of Petition; Directions Issued — Held, Bhojshala Not A Jain Temple

“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”

Case Briefs High Courts

The Bhojshala Complex Judgment: MP HC Examines Validity Of ASI Survey, Ailan 1935 & Waqf Claim In The Light Of Ayodhya Precedent

“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”

Bhojshala complex temple goddess Vagdevi protected monument

Case Briefs High Courts

MP HC Examines Bhojshala’s Religious Character As On 15 August 1947 To Be A Temple Of Goddess Vagdevi (Saraswati); Holds It A “Protected Monument”

“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”

Case Briefs High Courts

In absence of Waqf Tribunal, Civil Courts have jurisdiction to entertain waqf disputes: J&K and Ladakh HC

“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”

Case Briefs High Courts

Allahabad High Court expresses surprise at illegal constructions by Waqf Madarsa on NHAI land; Upholds demolition notices issued by NHAI

“It is a classic case where the land of NHAI has been encroached upon by the petitioner and Madarsa along with Masjid and certain other constructions have been raised and the property is being claimed to be a ‘waqf’.”

Hot Off The Press News

Supreme Court reserves verdict on stay of Waqf Amendment Act

Justice BR Gavai, CJI remarked that the requirement of registration of Waqfs has been there under the previous laws of 1923 and 1954.

Case Briefs High Courts

‘Absolute abuse of process of law’; Delhi HC rejects plea challenging the appointment of Delhi Waqf Board’s Administrator

The Court noted that, other than stating the actions of respondent 2 are bad, no reason had been given by the petitioner on why he lacks the qualification to be appointed as an Administrator of the Waqf Board.

Case Briefs High Courts

Religious Structures and Graveyards will not be demolished in the removal of unauthorized encroachers from the Mehrauli Archaeological Park: Delhi High Court

The Delhi High Court had dismissed a petition against the removal of ‘unauthorized encroachers’ from the Mehrauli Archaeological Park area while recording that religious structures as well as graveyards will not be demolished in the process.