A Classic Case Where NHAI Land Is Claimed To Be Waqf: Allahabad High Court While Dismissing Madarsa Plea

The Petitioner had instituted an Original Suit against the defendants-respondents claiming relief of a permanent prohibitory injunction restraining them from demolishing the property in dispute and making a new construction over the same.

The Single Bench of Justice Rohit Ranjan Agarwal said, “From the reading of these correspondence, it is clear that the entire constructions, which has been raised by the plaintiff, stands upon the land of National Highway No.73 and in the garb of waqf property, the petitioner is claiming right. The defendants had rightly moved amendment application for amending the written statement on the ground that it is the National Highway Authority, who is the owner of land in question as the constructions are standing over the National Highway No.73 which does not belong to the plaintiffs.”

Advocate Ajay Kumar Singh represented the Petitioner while C.S.C. represented the Respondents.

Factual Background

In the plaint, it was averred that the plaintiff is the owner and landlord of the property. It had been let out to the defendants on a monthly rent of Rs 34. It was stated in the plaint that in the aforesaid Madarsa, a Masjid has been constructed where poor children are given basic education, and the functioning of the Madarsa depends upon contributions made. Further, it was stated that on the said property, a Police Chauki is standing, which has become out of use. It was also stated that the defendants were removing the roof of the police chauki and were demolishing the structure standing therein.

The defendants-respondents contested the suit and filed their written statement wherein only tenancy of Rs.34 per month was accepted, but the rest of the contents of the plaint were denied. In the additional pleas, it was stated that the plaintiff had claimed the property to be a waqf property, but it was not registered as a waqf before the Waqf Board, thus, the plaintiff had no right to maintain the said suit. During the pendency of the suit, an amendment application was moved by the defendants for amending their written statement. This application was allowed by the Trial Court against which the petitioner preferred a Revision, which was dismissed. It was in the aforementioned background that the writ petition came to be filed.

Reasoning

On a perusal of the facts of the case, the Bench said, “It is a classic case where the land of NHAI has been encroached upon by the plaintiff and Madarsa along with Masjid and certain other constructions have been raised, and the property is being claimed to be a ‘waqf’. The Bench explained that from the combined reading of prior enactments on the subject of waqf, it becomes clear that the essential feature for a valid waqf is that there must be dedication of property in the ownership of God the Almighty and the devotion of the profits for the benefit of human beings.

On a perusal of the plaint, the Bench found that over the waqf madarsa, a masjid has been constructed along with certain other structures, one of which has been let out to the defendants. There was no disclosure as to how the property in question was a waqf, and when it was registered. The defendants, in their written statement, clearly stated in additional pleas that there was no registration of the said waqf, nor was there any disclosure in the plaint.

Referring to the letters of the National Highway Division addressed to the Station House Officer, the Bench noted that the entire construction, which had been raised by the plaintiff, stood upon the land of the National Highway. It was further noticed that the defendants were never aware of the fact that the Police Chauki, which was functioning, was constructed over the land of the National Highway. It was in the year 2014 when these correspondences were made by the officials of the National Highway Division with the Station House Officer that the true picture came to light.

As per the Bench, the trial Court rightly allowed the amendment application as it did not set up a new case for the defendants. The defendants had been paying rent of Rs. 34 per month for a long time, unknowingly, accepting the fact that the structure standing therein was the property of the plaintiff. Once it was revealed that the constructions were unauthorized, standing over the land of National Highway 73 that the amendment was sought.

“This Court is surprised to note that the plaintiff has made construction over the land of National Highways and had let out the structure to different persons and is realizing the rent, treating it to be property of Waqf Madarsa. It cannot be said to be a case of ‘waqf by user’ as the owner of the property in dispute is the National Highway Authority of India, which is under the control of Central Government, Ministry of Road Transport and Highways”, it said.

Thus, finding no ground to interfere with the order passed by the Trial Court allowing the amendment application filed by the defendants-respondents, the Bench dismissed the Writ Petition.

Cause Title: Waqf Madarsa Qasimul Uloom v. State Of U.P. And 2 Others (Neutral Citation: 2025:AHC:76400)

Petitioners: Advocates Ajay Kumar Singh, Ashish Kumar Singh, Janardan Mishra, Rajni Kant Chaube

Respondents: C.S.C.

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