Early Times Report
JAMMU, Mar 1: In a significant ruling, Justice Sanjeev Kumar of the Jammu & Kashmir and Ladakh High Court has directed the Government of the Union Territory to establish one or more Tribunals as mandated under the Wakaf Act.
The judgment comes in response to a series of petitions filed by occupants of Wakaf properties, who raised concerns over arbitrary increases in monthly rent without due process. These petitioners, acting as licensees of Wakaf properties, argued that the Wakaf Board, as a state instrumentality, should act fairly and in the public interest.
Justice Sanjeev Kumar, in his decision, highlighted the mandatory nature of Section 83 of the Wakaf Act, which requires each State Government, including Union Territories, to establish Tribunals through official notification. These Tribunals would have jurisdiction over disputes related to Wakaf properties, including eviction of tenants and determination of lessor-lessee rights and obligations.
Recognizing the potential remedylessness faced by the petitioners in the absence of an established Tribunal, Justice Sanjeev Kumar emphasized the importance of adhering to statutory duties. He directed the UT Government to establish one or more Tribunals within a period of two months from the date of the judgment to ensure that aggrieved individuals are not left without recourse.
While dismissing the writ petitions due to jurisdictional constraints, Justice Sanjeev Kumar underscored the need for the Government to fulfill its statutory obligation under the Wakaf Act. Until the Tribunals are constituted, a status quo is to be maintained regarding the subject matter of the petitions.
The ruling serves as a reminder of the importance of upholding legal mandates and ensuring access to justice for all stakeholders involved in Wakaf property disputes. It reaffirms the judiciary's commitment to safeguarding the rights of individuals and promoting transparency and fairness in administrative processes. |
