Telangana HC quashes 2001 Waqf land notification in Medak

High Court found that the Waqf Board had not produced records to establish that the required legal procedure had been followed.

Hyderabad: The Telangana High Court has cancelled a 2001 gazette notification that listed several private lands in Medak district as Waqf properties.

The order was passed by Justice Laxmi Narayana Alishetty on September 15 while hearing a writ petition filed by Syeda Ghousiya Sultana and 38 others. The properties involved cover 5.8 acres across different survey numbers in Toopran village.

Petitioners claim ownership of private lands

The petitioners said the disputed properties were private patta lands that were inherited from their ancestors. To support their claim, they produced occupancy rights certificates issued in 1990, pattadar passbooks, title deeds and revenue records showing their ownership and possession.

According to the petitions, they came to know about the Waqf classification only when they tried to execute sale deeds.

They alleged that they had not received individual notices about the proposed inclusion of their lands in the Waqf list. 

Telangana Waqf Board’s argument for the land

On the other hand, the Waqf Board told the court that a survey of Waqf properties had been carried out by the survey commissioner during the 1960s.

It also said that the petition was filed after an undue delay. It further said that the petitioners had a remedy before the Waqf Tribunal.

After hearing arguments from both sides, the High Court found that the Waqf Board had not produced records to establish that the required legal procedure had been followed.

The court noted that the board failed to produce the survey report, enquiry proceedings, records of objections, proof of public proclamation or other documents showing compliance with the requirements of the Waqf Act.

The court cancelled the 2001 gazette notification related to the disputed properties.