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Can a decision of the waqf tribunal be challenged in the High Court?
25-Nov-2024 (In Civil Law)
Decisions of a Waqf Tribunal aren't subject to a regular appeal process like civil court decrees, but they can be challenged in the High Court. Under Section 83(9) of the Waqf Act, an aggrieved party may approach the High Court, which can review the legality, correctness, or propriety of the Tribunal's order usually through a writ petition under Article 226 or supervisory jurisdiction under Article 227 of the Constitution.
A recent example is the Supreme Court's ruling against the Delhi Waqf Board's claim over a Gurudwara property in Shahdara, where the court made it clear that a long-standing and functioning religious structure cannot be disturbed merely on Waqf claims.
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