The Supreme Court recently dismissed an appeal seeking recognition of a land as wakf property.

The Court stated that conducting a survey under Section 4 of the Wakf Act, 1954, is a prerequisite before declaring a property as "wakf property." The Court emphasized that the mere issuance of a notification under Section 5 of the Act is not sufficient to establish a valid wakf in relation to the land in question.

The case involved the Salim Muslim Burial Ground Protection Committee appealing against the judgment of the Division Bench of the Madras High Court. The High Court had set aside the order of a single judge declaring the suit land as wakf property.

Historical records indicated that the land was once used as a burial ground but was closed by the municipality in 1867 due to health reasons. An alternative site was allocated for burial purposes. The respondents claimed to be residing on the suit land and asserted their rights over it, acquired through their predecessors-in-interest.

In 1975, the Director of Survey and Settlement initiated proceedings under Section 19A of the Abolition Act, and it was determined that the claimants had purchased the land for valuable consideration from previous occupants. The authorities also concluded that the land was no longer required for burial purposes. The appellant Committee challenged this decision but was unsuccessful in their revision before the Commissioner of Land Revenue.

In 1990, the Revenue department issued a Government Order (G.O.) accepting and confirming the Director's order, allowing the claimants to remain in possession of the land. The appellant Committee filed a writ petition challenging this G.O., alleging that the revision before the Commissioner had not provided a fair opportunity for a hearing. The writ petition was dismissed, and subsequent appeals by the appellant Committee were allowed in 1999.

Following the directions of the Court, the matter was reconsidered by the Government, and a G.O. was issued stating that since the land belonged to the Government, permission could be granted to the claimants under Section 19A of the Abolition Act to remain in possession.

The appellant Committee filed another writ petition in 2000, challenging the above-mentioned G.O. The writ petition was allowed in 2005 on the grounds that the suit land had been declared a wakf property and could not be alienated through the exercise of powers under Section 19A.

Additionally, the court found that the claimants had no rights in the absence of evidence showing that they were put in possession by the landholders.

The claimants appealed against this judgment, and in 2009, the appeal was allowed, setting aside the order of the writ court. The judgment stated that the suit land was recorded as a rudra bhumi (a sacred land associated with Lord Shiva) with no indication of Muslim burial, and thus, it was not considered a wakf property.

Ultimately, the Supreme Court dismissed the appeal, stating that it lacked merit, and no costs were awarded.

Case Title: Salem Muslim Burial Ground Protection Committee v.State of Tamil Nadu