Authority: High Court of Gujarat at Ahmedabad

Order Date: 09/09/2026

Case Overview

  • Parties: Appellant – Muslim Kuza Farosh Jamat Trust (through President); Respondents – Gujarat State Waqf Board (Respondent No.1) and Respondents No.2 & 3 (individual trustees).
  • Nature of Proceeding: First Appeal No. 3498 of 2025 filed under Section 83(9) of the Unified Waqf Management Empowerment, Efficiency and Development Act, 2025, challenging the Waqf Tribunal order dated 13 May 2025 which held the Trust to be a Waqf and upheld the Registration Certificate dated 28 Nov 2017 issued by the Gujarat State Waqf Board.
  • Procedural History:
  • Original Waqf Application No. 115 of 2019 filed by the Trust.
  • Earlier applications under the Bombay Public Trust Act, 1950 (Application 6064 of 1952, Appeal No. 8 of 1952, Misc. Application No. 119 of 1953) were rejected, confirming the Trust as a public charitable trust.
  • After the Waqf Act 1995, the Survey Commissioner and Deputy Charity Commissioner sent a questionnaire on 27 Jun 1996; the Trust responded under protest.
  • The entire record was transferred to the Waqf Board under Section 43 of the Waqf Act 1995.
  • The Trust sought de‑listing from the Waqf Board on 18 Sep 2010; the CEO issued an order on 27 Apr 2011 declaring the Trust not a Waqf and directing remittance of the record to the Charity Commissioner – a direction that was never complied with.
  • Subsequent disputes led to Civil Revision Applications No. 61 and 62 of 2021, both disposed of by quashing the impugned orders and directing the Tribunal to decide whether the Trust is a Waqf or a Trust.
  • The Tribunal, on 13 May 2025, rejected Waqf Application No. 115 of 2019 and held the Trust to be a Waqf.
  • Key Contentions:
  • The Trust argued that the land (Survey No. 615, Village Asarva, Tal. Daskroi, Dist. Ahmedabad) allotted as a graveyard (Qabarstan) was used for charitable purposes, that constructions on the land generated income for community welfare, and that the property never satisfied the criteria of Section 3(r) of the Waqf Act.
  • Respondents contended that the Trust was lawfully registered under the Bombay Public Trust Act (Registration No. B‑276‑Ahmedabad, 15 Oct 1952) with objects of religious and charitable activities, and that Section 43 of the Waqf Act 1995 deemed such pre‑existing trusts to be Waqf without further inquiry.
  • The Court examined precedents: Maharashtra State Board of Waqfs vs. Shaikh Yusuf Bhai Chawla (2022 SCC Online SC 1653), M.P. Waqf Board vs. Subhan Shah (2006 10 SCC 696), Alisagar Ramzan Dekhani vs. Maharashtra State Board of Waqfs (2025 SCC Online SCC 732), and the Gujarat Waqf Rules 2023 amendment (Rule 71(1), 72, 74(2)).
  • The Court considered the effect of the 2025 Unified Waqf Management Empowerment, Efficiency and Development Act, which omitted Section 40 of the 1995 Act, and the scope of Section 83 of the amended Act granting the Tribunal jurisdiction over waqf disputes.
  • Statutory Provisions Discussed:
  • Section 40 of the Waqf Act 1995 – Board’s power to inquire and decide whether a property is waqf property.
  • Section 43 of the Waqf Act 1995 – Deemed registration of waqf existing before the Act’s commencement.
  • Section 83(9) of the Unified Waqf Act 2025 – Tribunal’s authority to determine waqf‑related disputes.

Final Outcome

  • The appeal is dismissed; the High Court confirms the Waqf Tribunal’s order dated 13 May 2025 that the Muslim Kuza Farosh Jamat Trust is a Waqf.
  • The Registration Certificate dated 28 Nov 2017 issued by the Gujarat State Waqf Board remains valid and enforceable.
  • The Civil Application for Stay (No. 1 of 2025) is also dismissed.
  • No further inquiry under Section 40 is required; the status of the Trust is governed by Section 43 of the Waqf Act 1995.

Topics: Waqf Law, Judicial Decision