New Delhi, Jan 28 (PTI) The Supreme Court on Wednesday held that Waqf tribunals have jurisdiction only over properties notified in the “list of auqaf” or registered under the Waqf Act and the civil courts
are not automatically divested of jurisdiction under Section 85 of the Waqf Act, 1995.
Section 85 of the Act bars jurisdiction of civil courts to entertain any suit or proceedings in relation to orders passed by or proceedings that may be commenced before the tribunal.
A bench of Justices Sanjay Kumar and K Vinod Chandran made the observation while setting aside a judgment of the Telangana High Court pertaining to a property unregistered under the Waqf Act.
“There is hence no absolute and all-pervasive ouster of jurisdiction of the civil court even under Section 85 of the Act of 1995,” the bench said.
The top court clarified that the tribunal’s jurisdiction to decide whether a property is Waqf applies only when the property is specified in the “list of auqaf” as specified under the Act. PTI PKS ARI
