Gujarat HC: Why Are Waqf Boards Now Required to Pay Court Fees?
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Synopsis
In a groundbreaking decision, the Gujarat High Court has mandated that Waqf Boards are no longer exempt from court fees in property disputes, aligning them with other religious trusts. This ruling could drastically alter the management and litigation of Waqf properties across India, emphasizing the importance of equality under the law.
Key Takeaways
- Waqf Boards must now pay court fees.
- Ruling applies equally to all religious trusts.
- Significant impact on property management.
- Waqf properties valued at Rs 1.2 lakh crore.
- Legal disputes involve many Waqf properties.
Ahmedabad, Dec 17 (NationPress) The Gujarat High Court has determined that Waqf institutions will now be regarded similarly to other religious trusts during legal proceedings, mandating that Waqf Boards pay the specified court fees in property disputes, just as Hindu and other religious trusts must.
The court noted that no plaintiff is above the law, emphasizing that consistent legal standards should apply to all religious entities. The High Court's order made it clear that the fee exemption previously granted to Waqf Boards—stemming from uncertainties in the former Waqf law—will no longer be applicable.
The directive is set to be uniformly enforced, affecting everyone from small shrine administrators to large mosque operators.
This ruling is poised to significantly influence the management of Waqf properties and the nature of associated litigation, reinforcing the principle of equality in judicial processes. Waqf properties across India are overseen by state-level Waqf Boards.
These boards manage approximately 9.4 lakh acres of land and nearly 8.7 lakh properties, collectively valued at around Rs 1.2 lakh crore, making the Waqf Board one of India’s largest landholders.
A considerable number of these properties are involved in legal disputes, often due to administrative failures, a scenario in which the High Court’s ruling could have extensive ramifications.
Waqf, from the Arabic term waquf meaning “to hold” or “preserve,” pertains to the Islamic tradition of donating assets for religious or charitable causes.
Such donations can encompass cash, land, buildings, or other assets. Once designated, Waqf property—often referred to as “property of Allah”—cannot be sold or repurposed for non-religious activities.
The donor is identified as a Waqif. The Waqf tradition in India traces back to the arrival of Islam, with origins linked to the Delhi Sultanate in the 12th century. Following Independence, the inaugural Waqf Act was passed in 1954, followed by notable amendments in 1995 and again in 2013.
In August 2024, the Union government proposed a new Waqf Bill in the Lok Sabha, encountering nationwide resistance.
The draft was forwarded to a Joint Parliamentary Committee (JPC), which authorized it with 14 amendments in January 2025.
The JPC report was presented in Parliament in February 2025, after which the Cabinet approved the revised bill. The legislation is now poised for discussion and voting in Parliament.
Point of View
This ruling by the Gujarat High Court underscores the importance of equality in legal proceedings. By placing Waqf Boards on the same footing as other religious trusts, the court reinforces the principle that all entities, regardless of their religious affiliation, must adhere to the same legal standards.
NationPress
18/12/2025
Frequently Asked Questions
What is the recent ruling by the Gujarat High Court regarding Waqf Boards?
The Gujarat High Court has ruled that Waqf Boards must now pay court fees in property-related disputes, aligning them with other religious trusts.
What implications does this ruling have for Waqf properties?
The ruling is expected to significantly impact the management and litigation of Waqf properties, emphasizing legal equality.
What are Waqf properties?
Waqf properties are assets donated for religious or charitable purposes, which cannot be sold or used for non-religious activities once dedicated.
How does this ruling affect religious institutions in India?
This ruling mandates that all religious institutions, including Waqf Boards, must follow the same legal procedures, ensuring equal treatment under the law.
What historical significance do Waqf institutions hold in India?
The tradition of Waqf in India dates back to the 12th century during the Delhi Sultanate, emphasizing its long-standing cultural and religious importance.
