It is compulsory to conduct a survey of the property to know whom the property belongs and then property is submitted to legal owner also before Announcing a property as “ Wakf :- Hon’ble Apex Court.

During hearing of a appeal which request to consider the property as wakf land , the apex court taken into consideration the fact which states the conduction of the survey as per part 4 of Wakf Act, 1954  in the intial procedure of announcing a property as “ Wakf property “ is a compulsory part of process and the part can’ be ignored for the serve of justice. Furthermore the appeal was rejected.

The sitting judges Justice P.Mithal and justice V.R submramanian stated “ The ignorance of procedure and giving of a notice as per part 5 of the Act doesn’t result in consideration of property as Wakf in the case of conflict property.

The Judiciary considered the fact that appeal team is seen to have agreed  the decision by cooperating and maintaining coordination with the procedures described by Director of Survey and Settlement  without having any disagreement in this issue .

The Apex Court rejected the Petition, the judiciary stated that “ The enlisted petition doesn’t possess any importance and the issue is rejected without and issue of decree by judiciary.”

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

Appearances: June Chaudhary for the appellant and Narendra Kumar and. N.S. Nappanee counsel for the respondents.

Citation:- LiveLaw.in

Name :- Shivraj Kadlimatti , Class :- 2^nd-year B.B.A.L.L.B , College:- Army Law college pune intern under legal vidhiya

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