Madras HC: Not Every Dargah Automatically Waqf; Religious Use Alone Insufficient

The Madras High Court recently overturned a decision by the Tamil Nadu Waqf Board that had declared a 240-year-old dargah to be Waqf property. Justice Govindarajan Thilakavathi emphasized that not every dargah automatically qualifies as Waqf property under the Waqf Act, and a property must be properly surveyed and notified through the legal process before such a declaration can be made. The court clarified that the mere existence of a Muslim religious institution does not grant the Waqf Board automatic jurisdiction.

The ruling came in response to an appeal filed by the Mutawalli of the Sarkar Syed Habibullah Sha Kahdari Arif Rabbani Hazarat Dargah, who challenged the Waqf Board's appointment of a new Mutawalli and the board’s declaration that the dargah’s property was Waqf. The appellant argued that his family had maintained the dargah using their own funds and that the land officially belonged to the Public Works Department, from which he had obtained an NOC for electricity connection. He claimed the board acted without following proper procedures.

The Waqf Board countered that the site was originally a burial ground and later transferred to the Public Works Department, asserting that its religious purpose made it Waqf property under their supervision. However, the court found that the board failed to prove the land was dedicated as Waqf under Muslim law, which requires a formal, permanent dedication for pious, religious, or charitable purposes. The records showed the property belonged to the Public Works Department and was leased to the Bharat Scouts and Guides, with no evidence of inclusion in the official list of auqaf.

The court concluded that the Waqf Board erred in declaring the property as Waqf without conducting the mandatory survey or establishing a legal dedication. It set aside the board’s order, reinforcing that religious use alone is insufficient to classify a dargah as Waqf property under the Waqf Act of 1995.