WAQF BOARD, RAJASTHAN versus JINDAL SAW LIMITED & ORS

WAQF BOARD, RAJASTHAN versus JINDAL SAW LIMITED & ORS

The appeals were dismissed because the documentary and survey records showed the Qalandari Masjid on Survey No. 931 and not on the leased Survey No. 6731, there were discrepancies in the claimed area, and there was no evidence of dedication or user to establish waqf status; the Expert Committee found the structure lacked archaeological or historical importance, and the State's identification of the structure in Khasra No. 6731 was not produced, so the High Court's direction protecting the lessee's activity was upheld.

Parties
Appellant: Waqf Board, Rajasthan; Respondent (writ Petitioner): Jindal Saw Limited
Jurisdiction
India
Judgment Date
29 April 2022
Procedural Posture
Civil Appeal to the Supreme Court / Appeal From High Court Judgment (challenge to Order Dated 29.9.2021)
Outcome
Appeals dismissed
Legal Topics
Status of Religious Structure/waqf, Mining Lease and Exclusion of Religious Sites, Evidence of Dedication or User, Role of Expert Committee, Natural Justice in Exercise of Lease Powers
Waqf Law Property Law Administrative Law Constitutional Law Status of Religious Structure/waqf Mining Lease and Exclusion of Religious Sites Evidence of Dedication or User Role of Expert Committee +1 more

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Parties

Waqf Board, Rajasthan

Appellant

Jindal Saw Limited

Respondent (writ Petitioner)

Procedural Posture

Civil Appeal to the Supreme Court / Appeal From High Court Judgment (challenge to Order Dated 29.9.2021)

Legal Issues

  1. 1 Whether the structure on Tiranga Hill is a waqf/religious structure within meaning of the Waqf Act
  2. 2 Whether the structure claimed by the Waqf Board is located within the leased Survey No. 6731
  3. 3 Whether the Expert Committee report could be relied upon despite the Waqf Board not being represented

Ratio Decidendi

The appeals were dismissed because the documentary and survey records showed the Qalandari Masjid on Survey No. 931 and not on the leased Survey No. 6731, there were discrepancies in the claimed area, and there was no evidence of dedication or user to establish waqf status; the Expert Committee found the structure lacked archaeological or historical importance, and the State's identification of the structure in Khasra No. 6731 was not produced, so the High Court's direction protecting the lessee's activity was upheld.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • High Court order dated 29.9.2021 upheld directing the Waqf Board and respondents not to interfere with the writ petitioner's removal of the structure forming part of Khasra No. 6731