Telangana HC sets aside 2001 Waqf listing of private lands in Medak

Hyderabad: The Telangana High Court has set aside a 2001 gazette notification that classified private lands in Toopran village of Medak district as Waqf properties, holding that the Waqf Board failed to demonstrate compliance with the mandatory legal process before their inclusion.

Justice Laxmi Narayana Alishetty passed the order on September 15 while allowing a writ petition filed by Syeda Ghousiya Sultana and 38 others. The disputed land parcels, spread over different survey numbers in Toopran, measure about 5.8 acres.

The petitioners contended that the lands were private patta properties inherited from their ancestors. They placed before the court occupancy rights certificates issued in 1990, pattadar passbooks, title deeds and revenue records to substantiate their ownership and possession.

They said they became aware that the properties had been entered as Waqf land only when they attempted to register sale deeds. The petitioners also argued that they had not been served individual notices before the properties were included in the Waqf list.

The Telangana Waqf Board opposed the petition, submitting that a survey of Waqf properties had been conducted by a survey commissioner during the 1960s. It also argued that the challenge had been brought after a delay and that the petitioners could approach the Waqf Tribunal.

However, the High Court found that the Board had not placed material on record to show that the statutory requirements under Sections 4 and 5 of the Waqf Act, 1954, had been fulfilled. It noted the absence of the survey report, the survey commissioner’s proceedings, enquiry records, objections, proof of public proclamation and other documents required to establish that the prescribed procedure had been followed.

The court observed that the survey and enquiry were the foundation for publishing properties as Waqf land and could not be treated as a mere formality. It held that publication of a gazette notification alone could not validate the classification of private land as Waqf property.

Accordingly, the court quashed Gazette Notification No. 46-A, dated December 20, 2001, insofar as it concerned the petitioners’ lands.