Head office of the Surat Municipal Corporation not designated as Waqf property

Tribunal set aside order of the Waqf Board

Headquarters of Surat Municipal Corporation

Surat (Gujarat) – The controversial decision by the Waqf Board to declare the Surat Municipal Corporation’s head office as a ‘Waqf property’ has been overturned. Initially approved in November 2021, the Waqf Board’s decision faced opposition from the municipality, leading to a challenge in the Tribunal. The Tribunal recently ruled against the Waqf Board’s declaration, citing it as contrary to judicial principles and arbitrary.

1. In 2016, Abdullah Jarullah filed a petition to rename the main building of the Surat Municipal Corporation as ‘Humayun Sarai’.

2. Citing Section 36 of the Waqf Act, the petitioners argued for the registration of the headquarters building as a property of the Waqf Board. They claimed that the building was constructed during the reign of Mughal Emperor Shah Jahan and was later granted to his daughter Jahanara Begum as a jagir.

Surat Municipal Corporation’s head office not a ‘Waqf property’ ! – Tribunal quashes Waqf Board’s order

It is about time that the Waqf Act is scrapped; the Centre should make concerted efforts to achieve this !

The Waqf Board ranks third in terms of the sheer volume of the… pic.twitter.com/d5MGbw7Wt4

— Sanatan Prabhat (@SanatanPrabhat) April 7, 2024

3. The building, originally named ‘Humayun Sarai’, was constructed in 1644 by Shah Jahan’s confidant Ishaq Beg Yazdi, also known as Haqikat Khan. It was donated by Haqikat Khan for Haj pilgrims. Referring to a Supreme Court decision, the petitioners argued that properties donated for religious purposes should fall under the jurisdiction of the Waqf Board, as affirmed by the Supreme Court’s stance that once a property is designated as Waqf, it remains so.

Editorial Perspective

The call to abolish the Waqf Act itself is gaining traction, with advocates urging the Union Government to act. The Waqf Board currently holds a significant amount of land, making it the third largest land holder in the country. Given the provisions outlined in the Waqf Act, it would not be surprising if the board surpasses other land holders in the near future.