Wednesday 24 May 2023

Circumstances where gazette publication is not conclusive proof of immovable property being wakf property?

  It may be noted that Wakf Board is a statutory authority under the Wakf Act. Therefore, the official Gazette is bound to carry any notification at the instance of the Wakf Board but nonetheless, the State Government is not bound by such a publication of the notification published in the official Gazette merely for the reason that it has been so published. In State of Andhra Pradesh v. A.P. State Wakf Board and Ors. MANU/SC/0155/2022, this Court consisting of one of us (V. Ramasubramanian, J. as a Member) held that the publication of a notification in the official Gazette has a presumption of knowledge to the general public just like an advertisement published in the newspaper but such a notification published at the instance of the Wakf Board in the State Gazette is not binding upon the State Government. It means that the notification, if any, published in the official Gazette at the behest of the Wakf Act giving the lists of the wakfs is not a conclusive proof that a particular property is a wakf property especially, when no procedure as prescribed Under Section 4 of the Wakf Act has been followed in issuing the same.{Para 35}


Civil Appeal Nos. 7467-7470 of 2014

Salem Muslim Burial Ground Protection Committee  Vs.  State of Tamil Nadu and Ors.

Hon'ble Judges/Coram:

V. Ramasubramanian and Pankaj Mithal, JJ.

Author: Pankaj Mithal, J.

Decided On: 18.05.2023.

Citation: MANU/SC/0597/2023.

Read full Judgment here: Click here

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