The High Court of Jammu and Kashmir and Ladakh has taken a significant step towards ensuring justice for individuals embroiled in disputes concerning Waqf properties. The court’s directive to the Government of the Union Territory to constitute one or more tribunals as mandated under the Wakaf Act reflects a commitment to upholding fairness and protecting the rights of the aggrieved parties. The petitioners, who occupy Waqf properties as licensees, have raised valid concerns regarding the arbitrary and unilateral increase in monthly rents imposed by the Waqf Board. Central to their argument is the expectation that the Waqf Board, as an instrumentality of the state, should act in a manner that is both fair and in the public interest. However, the lack of opportunity for the petitioners to present their case before such decisions were made underscores a glaring deficiency in due process. HC’s observations highlight the legal obligation placed upon the Government to establish tribunals for the resolution of Waqf property disputes. By conferring jurisdiction upon these tribunals, the Act effectively precludes civil courts, revenue courts, and other authorities from adjudicating Waqf property disputes, thereby streamlining the legal process and ensuring consistency in adjudication.
The High Court’s stance in recognising the potential for petitioners to be rendered remediless if their grievances are not addressed is commendable. It underscores the judiciary’s role in safeguarding the rights of citizens and ensuring access to justice, particularly in matters as sensitive as property disputes involving religious endowments. Until the Government fulfils its obligation to constitute tribunals, the directive for a status quo on the subject matter of the writ petitions provides temporary relief to the petitioners. The HC’s directive serves as a beacon of hope for individuals grappling with disputes over Waqf properties. This interim measure ensures that the rights and interests of the aggrieved parties are preserved pending the establishment of the necessary legal mechanisms for resolution. The Government must act swiftly to establish the tribunals, thereby fulfilling its obligation and ensuring that individuals are not left remediless in the pursuit of justice.
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