Sr Adv Ranjeet Kr, for Tribal Org and State of Haryana- CJI: Are you registered org? Kumar: Yes, first one- Article 26(d)- 1995 Act is for better administration of waqf- act is completed save in Article 26.
Kumar: adopts argument of SG on who could create waqf
Kumar: chapter on waqf- pg 199- point 176- property dedicated by waqf must belong to waqif at the time of dedication. It cant be any other property except for the persons who owns it
Kumar: on omission of S. 40- adjudicately power given to Board to make anything declared as waqf and the person has to go to the tribunal to get it rectified and it also introduced property under S. 3 of the Trust Act
Kumar: My friend referred to 2022 Andhra Judgment- and there is judgment of Rajasthan first judgment AP Industrial Corporation- there was waqf 5,000 sq yards which included some of their factories, the writ was filed in HC. Writ was not allowed, they came to SC- 5,000 became
SG Mehta: CEO appointed, earlier the provision was he has to be a Muslim- now he can be anyone. Its giving more leeway for the purpose of selection. Its an enabling provision does not restrict the appointment.
SG Mehta: But S. 38- executive officer has to be Muslim because he would be in the waqf itself. CEO is the state level body CEO which has functions like framing schemes etc- enabling provision not mandatorily .. one judgment, this court said that waqf board is a state within
Sr Adv Guru Krishnakumar for Waqf Board- S. 32 where Board while exercise powers has to act on wishes of waqif and then, S. 96 and 97, specific powers to Central Gov to make directions and S. 97 for powers to State Board has proviso that the directions must be... Sr Adv Gopal
court will begin the hearing soon.
Court will hear petitioners in rejoinder.
hearing begins.
Sr Adv Kapil Sibal: All that 3C does it to change revenue entry, I continue to be in occupation and I will not be evicted and they don't determine any substantive right- let's read 3C
Sibal contends the reading of section is not what SG Mehta argued; Sibal: he has to make a determination that ifs a gov property or not. 2 proposition arise- first, before he determines anything, it will not deemed to be waqf- what principles of law this can be substantiated?
Sibal: nor his written submission or counter- where does he get from the statute? You have to read the language of the statute. point one, declaration is deemed to be that it will not be treated as waqf because a question has arisen- per se unconstitutional and he didn't answer