"Let Gurdwara Be... Relinquish Your Right": Supreme Court To Delhi Waqf Board

The Supreme Court of India has dismissed the Delhi Waqf Board's claim to land in Shahdhara, Delhi, where a gurdwara has been functioning since the Partition. The court observed that the Waqf Board should relinquish its claim since a religious structure has been operational on the land for decades.

Why in News?

The Supreme Court on 4th August dismissed a Delhi Waqf Board plea claiming land in the city's Shahdhara area on which a gurdwara has been functioning since the Partition. The court said that since the gurdwara has been operational for decades the Waqf Board should discontinue.

About Waqf:

• Waqf Definition: A charitable endowment in Islamic law, donating property or assets for  religious or philanthropic purposes.
• Irreversible: Once a waqf is created, it's considered irreversible.
• Types: Includes movable and immovable properties.
• Purpose: Supports mosques, schools, hospitals, and other community benefits.
• Governance: Managed by Waqf Boards or trustees.

Key Points:

• Supreme Court's Decision: The court ruled that a mere historical mosque claim is insufficient without proof of ownership.
• Gurdwara's Long-Standing Presence: The gurdwara has been functioning since 1948, and the court noted that this long-standing presence should be respected.
• Delhi High Court's Earlier Ruling: The high court had decided in favor of late Hira Singh, who purchased the property from Mohammad Ahsan in 1953, citing that the Waqf Board failed to establish its case.
• Waqf Board's Claim: The board claimed the property was waqf land, citing a notification in the Delhi Gazette, but the court found this insufficient to prove ownership.

Conclusion :

• Property Rights: The ruling emphasizes the importance of establishing clear ownership and property rights.
• Religious Structures: The court's decision highlights the significance of respecting long-standing religious structures and their operational status.
• Waqf Properties: The case sheds light on the complexities surrounding waqf properties and the need for clear documentation and proof of ownership.

Source: NDTV