Decision confirms Waqf Tribunal's status as a Civil Court, enforcing court fee payment under Gujarat Court Fees Act
In a significant ruling, the Gujarat High Court has affirmed that proceedings before the Waqf Tribunal are subject to court fees under the Gujarat Court Fees Act, 2004. The judgment, delivered by Justice J. C. Doshi, dismissed a series of civil revision applications filed by the Sunni Muslim Idgah Masjid Trust, contesting the Waqf Tribunal's decision to reject plaints due to insufficient court fees.
The case stemmed from a series of applications filed by various Waqf institutions seeking recovery of possession of Waqf properties from tenants and alleged encroachers. The Waqf Tribunal had initially directed the plaintiffs to rectify suit valuations and pay the requisite court fees. Upon non-compliance, the Tribunal exercised its authority under Order VII Rule 11 of the CPC, rejecting the plaints.
Justice Doshi's judgment emphasized the adversarial nature of proceedings before the Waqf Tribunal, likening them to civil suits, and highlighted the Tribunal's powers akin to a Civil Court under the CPC. The court underscored that the absence of specific provisions in the Waqf Act or the Gujarat State Waqf Rules does not exempt such proceedings from the levy of court fees.
Furthermore, the judgment addressed the argument regarding the Tribunal's constitution, clarifying that the Tribunal's functioning with less than three members is permissible under amended rules, negating claims of coram non judice.
The ruling reinforces the legislative framework underpinning Waqf Tribunal operations and court fee regulations, ensuring judicial consistency and procedural compliance for Waqf property disputes.
Bottom Line:
Waqf Act, 1995 - Applicability of Gujarat Court Fees Act, 2004 and Code of Civil Procedure, 1908 to proceedings under Chapter VIII of Waqf Act - Proceedings before Waqf Tribunal are adversarial in nature, adjudicating the rights and obligations of lessor and lessee - Such proceedings attract court fees under Gujarat Court Fees Act - Tribunal deemed to be a Civil Court and CPC provisions apply to proceedings before it.
Statutory provision(s): Waqf Act, 1995 Sections 83(1), 83(3), 83(5) to 83(8), Gujarat Court Fees Act, 2004, Code of Civil Procedure, 1908, Gujarat State Waqf Rules, 2023
Sunni Muslim Idgah Masjid Trust v. Hardik Sitaram Patel, (Gujarat) : Law Finder Doc Id # 2823352
