Tribunal act 83(9) in article 227.
Dr.Firdos Ahmed
(Querist) 04 October 2011
This query is : Open
Gime me openion regarding power of High Court over rulling of Wakf Tribunal.
Chanchal Nag Chowdhury
(Expert) 05 October 2011
The SC has ruled that the powers of the HC under Arts.226 & 227 cannot be curtailed by any law.
Prakash Yedhula
(Expert) 07 October 2011
Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a waqf or waqf property can be decided by the Waqf Tribunal. Hence all matters pertaining to waqfs should be filed in the first instance before the waqf tribunal constituted under Section 83 of the Waqf Act, 1995, and should not be entertained by the civil court or by a high court straightaway under Article 226 of the Constitution of India.
However, eviction proceedings can only be decided by a civil court and not by the Waqf Tribunal.
Under the proviso to Section 83 (9) of the Waqf Act, 1995, a party aggrieved by the decision of the tribunal can approach the high court, which can call for the records for satisfying itself as to the correctness, legality or propriety of the decision of the tribunal. This provision makes it clear that the intention of parliament is that the party who wishes to raise any dispute or matter relating to a waqf or waqf property should first approach the tribunal before approaching the high court.
