Classic Case Of Encroachment Being Claimed As A Waqf : Allahabad HC 'Surprised' At 'Illegal' Constructions On NHAI's Property

The Allahabad High Court has expressed surprise on the actions of the Waqf Madarsa Qasimul Uloom encroaching the land belonging to National Highways Authority of India, creating construction on the same, sub-letting it and charging rent on the property.

Noting that the petitioner Waqf had encroached upon the land owned by NHAI, Justice Rohit Ranjan Agarwal observed that

“This Court is surprised to note that the plaintiff has made construction over the land of National Highways and had let out the structure to different persons and is realizing the rent treating it to be property of waqf Madarsa. It cannot be said to be a case of 'waqf by user' as the owner of the property in dispute is the National Highway Authority of India, which is under the control of Central Government, Ministry of Road Transport and Highways.”

The bench called it a 'classic case' where the land of NHAI had been encroached upon and Madarsa, Masjid and certain other constructions were raised and the property was being claimed to be a 'waqf'.

In brief, the petitioner had filed a suit seeking permanent prohibitory injunction restraining the respondent from demolishing the property in dispute and making new construction over the same. Petitioner pleaded, in plaint, that a madrasa, masjid and police chowki existed on the land. Regarding the claim of the petitioner that the land was a waqf property, the defendants pleaded that the same was not registered as a waqf with the Waqf Board.

In the suit, the defendants filed an amendment application which was allowed by the Trial Court. Against this petitioner preferred a revision which was dismissed, thereafter petitioner approached the High Court on grounds that the amendment could not be allowed a new case was being set up by the defendants.

Counsel for respondent argued that the written statement was filed in 2011 whereas a letter Assistant Engineer, National Highway, P.W.D., Saharanpur was received in 2014 to clear all construction on National Highway 73, where the land in dispute is. The amendment application was being filed to bring on record these subsequent developments.

Observing the procedure of the registration of a Waqf, the Court held that the petitioner-plaintiff had not any stage shown the registration of the waqf and how the property was a waqf under the waqf Act, 1995. It was held that the NHAI was the rightful owner of the land which was discovered in the correspondences in 2014 and to bring on record the facts, the amendment application was moved.

The Court held that the per month rent being paid to the plaintiff was done by assuming that the property belonged to the Waqf, when in reality it did not belong the petitioner-waqf.

Holding that the property belonged to NHAI, the Court dismissed the petition against the order of the Trial Court allowing the amendment application.

Case Title: Waqf Madarsa Qasimul Uloom v. State Of U.P. And 2 Others [MATTERS UNDER ARTICLE 227 No. - 2495 of 2016]

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