[Cites 12, Cited by 0]
Punjab-Haryana High Court
Punjab Wakf Board vs State Of Punjab on 18 April, 2026
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
119 Date of Decision: 18.04.2026
1. CWP-16836-1992 (O&M)
PUNJAB WAKF BOARD ...Petitioner
Versus
STATE OF PUNJAB ...Respondents
2. CWP-19875-1998
PUNJAB WAKF BOARD ...Petitioner
Versus
STATE OF PUNJAB ...Respondents
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Ghulam Nabi Malik, Advocate for the petitioner
Mr. Vikas Arora, Deputy Advocate General, Punjab
Mr. Ashwani Kumar Chopra, Sr. Advocate with
Mr. Vidul Kapoor, Advocate and
Ms. Ridhima Khindria, Advocate
for respondent No.7 (in CWP-16836-1992)
***
JAGMOHAN BANSAL, J. (ORAL)
1. As common issues are involved in the captioned petitions,
with the consent of both sides, the same are hereby disposed of by this
common order. For the sake of brevity and convenience, facts are
borrowed from CWP-16836-1992.
2. The petitioner through instant petition under Articles 226/227
of the Constitution of India is seeking setting aside of orders dated
27.03.1991 (Annexure P-7) and 02.05.1991 (Annexure P-8) whereby
revenue authorities have rejected its claim.
3. The writ petition was dismissed vide order dated 19.01.2012.
The petitioner filed review application which was allowed and writ
petition was allowed vide order dated 19.10.2012. The review application
was allowed ex parte. The respondents preferred LPA-1601-2014 which
CWP-16836-1992 and CWP-19875-1998 -2-
came up for consideration before a Division Bench of this Court. The
Appellate Court vide order dated 05.08.2015 allowed appeal in part and
set aside order dated 19.10.2012. The matter was remitted to Single Judge
for fresh adjudication of review application. By separate even dated order,
the review application has been allowed to the extent of rehearing of the
matter.
4. The official respondents allotted land situated in Village
Maksudpur, Tehsil and District Kapurthala as evacuee property to private
respondents. The petitioner-Punjab Wakf Board preferred revision petition
under Section 27 of Administration of Evacuee Property Act, 1950 (for
short '1950 Act') which came to be dismissed vide impugned order dated
27.03.1991. The Assistant Custodian General held that there is no force in
the argument of petitioner because disputed land was 'Shaksi Muafi'. The
assertion of private respondents carry weight. The petitioner preferred
petition before Financial Commissioner who vide order dated 02.05.1991
dismissed its petition. Learned Financial Commissioner has held that land
in question was 'Shaksi Muafi'. The exemption from land revenue was
granted to Muslim owners for performing certain services to Khanqah.
They migrated to Pakistan and their exemption came to an end. Only
custodian under 1950 Act was empowered to institute an inquiry and to
determine the evacuee character of the property and his jurisdiction was
exclusive. The property has rightly been held as evacuee property.
5. Learned counsel for the petitioner submits that land as per
revenue record was Khanqah. The competent authority in exercise of
power conferred by Section 5 read with Section 4 of Wakf Act, 1954 vide
notification dated 02.01.1982 declared land in question as Wakf. The said
notification was never challenged, thus, property always remained as Wakf
CWP-16836-1992 and CWP-19875-1998 -3-
Property. The respondent has wrongly declared suit property as evacuee
property and allotted to private respondents.
6. Per contra, learned Senior counsel for private respondents
submits that land in question was never exclusively donated. The owners
remained owner of the property. There was Muafi in favour of ones named
in the revenue record. The Muafi was from land revenue. The owners as
well as persons who were authorized to use land migrated to Pakistan. In
Tara Singh's case, Muafi was in favour of Masjid whereas in the present
case, Muafi was in favour of persons named in the revenue record. The
land was allotted prior to notification issued by authorities under Wakf
Act, 1954, thus, land for all purposes was evacuee property because
authorities under 1950 Act have exclusive authority to declare any
property as evacuee property.
7. Heard the arguments and perused the record.
8. From the perusal of record, it is evident that notification under
Section 5 was issued on 22.12.1981. The land was allotted to respondents
as evacuee property on 09.11.1981 means notification under Wakf Act was
later in time than date of allotment. The petitioner feeling aggrieved from
allotment of suit property as evacuee land preferred revision under Section
27 of 1950 Act which came to be dismissed. The petitioner further
preferred petition before Financial Commissioner who dismissed the same
holding that authorities under 1950 Act have exclusive power to declare
any property as evacuee property.
9. Section 4 of Wakf Act, 1954 provides that State Government
may by notification appoint Survey Commissioner of Wakfs and as many
Additional or Assistant Commissioners as may be necessary for the
purposes of making survey of Wakf properties. Section 5 provides that
CWP-16836-1992 and CWP-19875-1998 -4-
State Government shall forward copy of survey report to the Board which
will examine the report and publish in official gazette list of Wakfs
existing in the State. Sections 4 and 5 of Wakf Act, 1954 are reproduced as
below:-
"4. Preliminary survey of wakfs (1) The State Government
may, by notification in the Official Gazette, appoint for the
State a Survey Commissioner of Wakfs and as many
additional or assistant survey commissioners of wakfs as
may be necessary for the purpose of making a survey of
wakf properties existing in the State at the date of the
commencement of this Act.
(2) All additional and assistant survey commissioners of
wakfs shall perform their functions under this Act under the
general supervision and control of the Survey
Commissioner of Wakfs.
(3) The Survey Commissioner shall, after making such
inquiry as he may consider necessary, submit his report to
the State Government containing the following particulars,
namely:-
(a) the number of wakfs in the State, showing Shia
wakfs and Sunni wakfs separately ;
(b) the nature and objects of each wakf;
(c) the gross income of the property comprised in each
wakf
(d) the amount of land revenue, cesses, rates and taxes
payable in respect of such property;
(e) the expenses incurred in the realisation of the
income and the pay or other remuneration of the
mutawalli of each wakf; and
(f) such other particulars relating to each wakf as may
be prescribed.
(4) The Survey Commissioner shall, while making any
inquiry, have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (5 of 1908), in
respect of the following matters, namely:--
(a) summoning and examining any witness;
DEEPAK BISSYAN (b) requiring the discovery and production of any
CWP-16836-1992 and CWP-19875-1998 -5-
document;
(c) requisitioning any public record from any court or
office
(d) issuing commissions for the examination of any
witness of accounts;
(e) making any local inspection or local investigation;
(f) any other matter which may be prescribed.
(5) If, during any such inquiry, any dispute arises as to
whether a particular wakf is a Shia wakf or Sunni wakf and
there are clear indications in the deed of wakf as to its
nature, the dispute shall be decided on the basis of such
deed.
(6) The State Government may, by notification in the
Official Gazette, direct the Survey Commissioner to make a
second or subsequent survey of wakf properties in the State
and the provisions of sub-sections (2), (3), (4) and (5) shall
apply to such survey as they apply to a survey directed
under sub-section (1):
Provided that no such second or subsequent survey shall be
made until the expiry of a period of twenty years from the
date on which the report in relation to the immediately
previous survey was submitted under sub-section (3)
5. Publication of list of wakfs.-(1) On receipt of a report
under sub-section (3) of Section 4, the State Government
shall forward a copy of the same to the Board.
(2) The Board shall examine the report forwarded to it
under subsection (1) and publish, in the Official Gazette, a
list of wakfs in the State, or as the case may be, the part of
the State, whether in existence at the commencement of this
Act or coming into existence thereafter containing such
particulars as may be prescribed."
10. The 1950 Act deals with evacuee properties. The expression
evacuee property' has been defined under Section 2(f) of 1950 Act.
Section 7 provides that custodian after holding inquiry may pass an order
declaring any property as evacuee property. Section 8 provides that any
CWP-16836-1992 and CWP-19875-1998 -6-
property declared to be evacuee shall be deemed to have vested in the
custodian. Sections 2(f), 7 and 8 are reproduced as below:-
"2(f) "evacuee property" means any property of an evacuee
(whether held by him as owner or as a trustee or as a
beneficiary or as a tenant or in any other capacity), and
includes any property which has been obtained by any
person from an evacuee after the 14th day of August, 1947,
by any mode of transfer which is not effective by reason of
the provisions contained in section 40, but does not include
(i) any ornament and any wearing apparel, cooking vessels
or other household effects in the immediate possession
of an evacuee,
(ii) any property belonging to a joint stock company, the
registered office of which was situated before the 15th
day of August, 1947, in any place now forming part of
Pakistan and continues to be so situated after the said
date;
XXXX XXXX XXXX
7. Notification of evacuee property.--(1) Where the
Custodian is of opinion that any property is evacuee
property within the meaning of this Act, he may, after
causing notice thereof to be given in such manner as may
be prescribed to the persons interested, and after holding
such inquiry into the matter as the circumstances of the
case permit, pass an order declaring any such property to
be evacuee property.
(1A) Where during the pendency of any proceeding under
sub-section (1) for declaring any property to be evacuee
property any person interested in the property dies, the
proceedings shall, unless the Custodian otherwise directs,
be continued and disposed of as if such person were alive.
(2) Where a notice has been issued under sub-section (1) in
respect of any property, such property shall, pending the
determination of the question whether it is evacuee property
or otherwise, be incapable of being transferred or charged
in any way, except with the leave of the Custodian, and no
person shall be capable of taking any benefit from such
2026.04.18 15:49 transfer or charge except with such leave.
CWP-16836-1992 and CWP-19875-1998 -7-
(3) The Custodian shall, from time to time, notify, either by
publication in the Official Gazette or in such other manner
as may be prescribed, all properties declared by him to be
evacuee properties under sub-section (1).
8. Vesting of evacuee property in the Custodian (1) Any
property declared to be evacuee property under section 7
shall be deemed to have vested in the Custodian for the
State,
(a) in the case of the property of an evacuee as defined in
sub-clause (i) of clause (d) of section 2, from the date on
which he leaves or left any place in a State for any place
outside the territories now forming part of India;
(b) in the case of the property of an evacuee as defined in
sub-clause (i) of clause (d) of section 2, from the 15th
day of August, 1947; and
(c) in the case of any other property, from the date of the
notice given under sub-section (1) of section 7 in respect
thereof.
(2) Where immediately before the commencement of this
Act, any property in a State had vested as evacuee property
in any person exercising the powers of Custodian under any
law repealed hereby, the property shall, on the
commencement of this Act, be deemed to be evacuee
property declared as such within the meaning of this Act
and shall be deemed to have vested in the Custodian
appointed or deemed to have been appointed for the State
under this Act, and shall continue to so vest:
Provided that where at the commencement of this Act there
is pending before the High Court, the Custodian or any
other authority for or in any State any proceeding under
section 8 or section 30 of the Administration of Evacuee
Property Ordinance, 1949 (12 of 1949), or under any other
corresponding law repealed by the Administration of
Evacuee Property Ordinance, 1949 (27 of 1949), then
notwithstanding anything contained in this Act or in any
other law for the time being in force, such proceeding shall
be disposed of as if the definitions of "evacuee property"
and "evacuee" contained in section 2 of this Act had
2026.04.18 15:49 become applicable thereto.
CWP-16836-1992 and CWP-19875-1998 -8-
(2A) Without prejudice to the generality of the provisions
contained in subsection (2), all property which under any
law repealed hereby purports to have vested as evacuee
property in any person exercising the powers of Custodian
in any State shall, notwithstanding any defect in, or the
invalidity of, such law or any judgment, decree or order of
any Court, be deemed for all purposes to have validly
vested in that person, as if the provisions of such law had
been enacted by Parliament and such property shall, on the
commencement of this Act, be deemed to have been evacuee
property declared as such within the meaning of this Act
and accordingly, any order made or other action taken by
the Custodian or any other authority in relation to such
property shall be deemed to have been validly and lawfully
made or taken.
(3) Where any property in a State belonging to a joint stock
company had vested in any person exercising the powers of
a Custodian under any law previously in force, then nothing
contained in clause (f) of section 2 shall affect the operation
of sub-section (2), but the Central Government may, by
notification in the Official Gazette, direct that the
Custodian shall be divested of any such property in such
manner and after such period as may be specified in the
notification.
(4) Where after any evacuee property has vested in the
Custodian any person is in possession thereof, he shall be
deemed to be holding it on behalf of the Custodian and
shall on demand surrender possession of it to the Custodian
or to any other person duly authorized by him in this
behalf."
11. In the case in hand, there is neither on record order passed
under Section 7 of 1950 Act nor parties on being asked were able to
confirm whether any order was passed or not, however, petitioner itself is
not disputing the fact, thus, the Court presumes that there was order under
one or another provision whereby subjected land was declared as evacuee
property.
CWP-16836-1992 and CWP-19875-1998 -9-
12. The petitioner has placed on record revenue entries which are
not disclosing that land was donated for general purpose and owner
waived off his right. The property owners remained owner of the property
and exemption from land revenue was granted to individuals. Names of
individuals were duly recorded in the revenue record. The owners and
users as disclosed in revenue record have migrated to Pakistan after
partition. The custodian treated subjected land as evacuee property and
allotted to private respondents. As per 1950 Act, authorities under the Act
have exclusive power to declare any property as evacuee property. The
petitioner is assailing allotment, however, there is no challenge to
declaration of property as 'evacuee property'.
13. Learned counsel for the petitioner on being confronted with
the fact that notification under Wakf Act was issued after allotment of land
by authorities under 1950 Act expressed his inability to refute said fact.
He also failed to justify its claim when Maufi was meant for individuals as
noted in revenue record.
14. In the wake of above discussions and findings, this Court is of
the considered opinion that claim of petitioner cannot be countenanced.
The revenue authorities have rightly rejected petitioner's claim. The
petitions deserve to be dismissed and accordingly dismissed.
15. Pending application(s), if any, also stands disposed of.
(JAGMOHAN BANSAL)
JUDGE
April 18, 2026
Deepak DPA
Whether Speaking/reasoned: Yes/No
Whether Reportable: Yes/No
