The Jammu and Kashmir Excessive Court docket has directed the Union Territory’s administration to arrange tribunals to take care of what it described as a “chaotic” scenario, as at the very least 29 licensees of Waqf Board properties filed petitions in opposition to the Board’s “arbitrary, irrational and exorbitant enhancement of monthly rent”. Because the Board claimed that it doesn’t come underneath the courtroom’s jurisdiction, the Bench directed the structure of tribunals underneath the Waqf Act, 1995.
“While dismissing the writ petitions and taking note of the chaotic situation created due to non constitution of the Tribunal or Tribunals, a direction is issued to the Government of Union Territory to constitute one or more Tribunals, as it may think fit, in terms of Section 83 of the Act within a period of two months from the date of this judgment,” J&Okay Excessive Court docket choose Sanjeev Kumar noticed.
The courtroom additionally directed that establishment should be maintained in such issues “till the Government constitutes Tribunal/Tribunals”.
Unilateral hire will increase
“The Waqf Board increased the rentals of the properties under occupation of the petitioners in ex-parte and without providing them an opportunity of being heard,” the petitioners mentioned of their plea.
The Board, nevertheless, argued that the petitions weren’t maintainable“ on the ground that the State Waqf Board, constituted under 1995 Act, is neither a State nor any person or authority amenable to the writ jurisdiction vested in the High Court under Article 226 of the Constitution of India.”
Justice Kumar mentioned that dismissing the petitions on such grounds would depart the petitioners with none treatment, on condition that the Excessive Court docket couldn’t train jurisdiction not vested in it.
Board widens ambit post-2019
“However, having regard to the predicament faced by the petitioners or may be faced by similarly situated persons in future, I deem it appropriate to remind the Government of the Union Territory of its statutory duty enjoined on it under Section 83 of the Act and to take requisite steps for constitution of one or more Tribunals, as it may think fit, so that persons aggrieved are not rendered remediless,” Justice Kumar mentioned.
The J&Okay Waqf Board, headed by Darakshan Andrbai, has widened its ambit in J&Okay after the Union authorities revoked Article 370 in 2019. Earlier, the Board had at the very least 133 mosques and shrines underneath its ambit, and owned 9,500 kanals of land. It has now taken management of dozens of different mosques and shrines, together with their properties.