Kerala High Court
The Kerala State Waqf Board vs Vatanappally Orphanage Committee on 26 June, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:46336
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
WA NO. 1218 OF 2025
AGAINST THE JUDGMENT DATED 11.11.2024 IN WP(C) NO.30069 OF
2022 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 3 & 4:
1 THE KERALA STATE WAQF BOARD,
VIP ROAD,KALOOR,KOCHI,REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER, PIN - 682017
2 THE DIVISIONAL OFFICER,
KERALA STATE WAQF BOARD,KOKKALA,
THRISSUR, PIN - 680021
BY ADV.
SRI.JAMSHEED HAFIZ
RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2:
1 VATANAPPALLY ORPHANAGE COMMITTEE,
AGED 55 YEARS
PB. NO. 9,FAROOQ NAGAR,VATTANAPPALLY .P.O.
THRISSUR DISTRICT, 680614,REPRESENTED BY ITS,
AUTHORISED REPRESENTATIVE MR. ABDUL SAMMAD
S/O.MUHAMMED MUSALIYAR,VALIYIL (H),
ANDATHODE .P.O. THRISSUR DISTRICT, PIN - 679564
WA NO.1218 OF 2025
2025:KER:46336
2
2 THE SPECIAL DEPUTY COLLECTOR,
COMPETENT AUTHORITY, LA(NH) (CALA),
KODUNGALLOR,THRISSUR, PIN - 680664
3 THE PROJECT DIRECTOR,
NHAI,COCHIN, PIN - 682031
BY ADVS.
SRI. K. SHIBILI NAHA-R1
SRI. T. K. SHAJAHAN, SENIOR GOVERNMENT PLEADER
SRI. B. G. BIDAN CHANDRAN, STANDING COUNSEL-R3
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO.1218 OF 2025
2025:KER:46336
3
JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
The Kerala State Waqf Board which was the 3 rd respondent in
W.P.(C) No.30069/2022 is the appellant herein, aggrieved by the directions
of the learned Single Judge in his judgment dated 11.11.2024 in the Writ
Petition. Briefly stated the facts necessary for the disposal of the Writ
Appeal are as follows.
2. The 1st respondent Trust was formed with the objective of
protecting orphans and to establish schools, colleges, madrassas and
training centers for the upliftment of orphans while instilling moral and
religious values. Certain lands belonging to the 1 st respondent Trust were
acquired for the purpose of four-laning of NH-17 (new NH 66) pursuant to
notifications issued under Sections 3A(1), 3D and 3G of the National
Highways Act, 1956. On being called upon to submit documents evidencing
ownership for the purpose of claiming compensation, the 1 st respondent
Trust submitted all the requisite documents. While under normal
circumstances, the compensation amount had to be granted to the 1 st
respondent Trust, the competent authority under the NHAI Act deposited
the compensation amount to the appellant herein, namely the Waqf Board.,
since according to the said authority the property in question was Waqf
property. It was this action of the competent authority that was impugned
by the 1st respondent Trust before the learned Single Judge.
3. The learned Single Judge who considered the matter found
that, inasmuch as there was no dispute raised before the competent
WA NO.1218 OF 2025
2025:KER:46336
authority by the appellant herein, with regard to the ownership of the
property, the competent authority under the NHAI Act was not authorised to
embark upon an adjudication of the issue as to whether or not the lands
acquired were Waqf properties. He accordingly found that the payment of
compensation to the appellant herein was erroneous and directed the
appellant herein to debit the compensation amount received by it from its
accounts and transfer it to the account of the 1 st respondent Trust.
4. In the appeal before us, the case of the appellant Board is
essentially that, in the event of dispute between the parties as to whether or
not the lands acquired form part of Waqf property, the issue has to be
adjudicated by the Waqf Tribunal, which is the competent authority for
adjudicating such disputes. It is the submission of the learned counsel for
the appellant therefore, that the directions issued by the learned Single
Judge in the impugned judgment ought to be modified so as to direct the
appellant Board to return the compensation amount received by it to the
competent authority under Section 3H(3) of the National Highways Act with
a further direction to refer the dispute between the appellant Board and the
1st respondent Trust to the Waqf Tribunal.
5. Per contra, it is the submission of Sri. K. Shibili Naha,
appearing on behalf of the 1st respondent Trust that the directions of the
learned Single Judge in the impugned judgment call for no interference. In
particular, it is stated that the learned Single Judge had found that the
action of the competent authority under the NHAI Act to disburse the
compensation amount to the appellant Board was per se erroneous, since
there was no dispute between the parties as regards whether the property
WA NO.1218 OF 2025
2025:KER:46336
was Waqf property or not.
6. On a consideration of the rival submissions, we find ourselves
in agreement with the learned counsel for the 1 st respondent Trust that in
the absence of any dispute raised by the appellant before the competent
authority under the NHAI Act, with regard to the nature of the property
acquired, the compensation amount ought to have been disbursed directly to
the 1st respondent Trust, which had produced the title deeds before the said
authority. We note, however, that the Chairman of the 1 st respondent Trust
had given consent to the compensation amount being deposited in the bank
account of the appellant Board. This conduct of the chairman of the 1 st
respondent Trust militates against the contention of the 1 st respondent
Trust, that the appellant Board did not have any authority to receive the
compensation amount in respect of the acquired lands. At any rate, we are
on the view that the said conduct on the part of the Chairman of the 1 st
respondent Board ought to have sufficed to direct the competent authority
under the NHAI Act to retain the compensation amount with it and refer the
dispute for the decision of the Principal Civil Court of original jurisdiction
within the limits of whose jurisdiction the lands were situated, as mandated
by Section 3H(4) of the National Highways Act. Since the said course of
action was not what the learned Single Judge directed, we feel that the
impugned judgment of the learned Single Judge requires to be modified to
that extent.
We accordingly direct that the appellant Board, which received
the compensation amount in respect of the lands acquired from the 1 st
respondent Trust, shall forthwith re-credit the said amount to the joint
WA NO.1218 OF 2025
2025:KER:46336
account of the NHAI and the Competent Authority for Land Acquisition
(CALA). We further direct the CALA to promptly refer the dispute, as to
whether or not the acquired lands are Wakf properties, to the competent
Civil Court under S.3 H (4) of the NHAI Act, and await a decision therefrom
before disbursal of the compensation amount to the rightful claimant. The
Writ Appeal is thus disposed by modifying the impugned judgment of the
learned Single Judge to the above extent.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
P.M.MANOJ
JUDGE
BR
