ZAFAR ALI KHAN Vs. ARIF AQUIL

JUDGEMENT

(1.) In this revision preferred under section 83(9) of the Wakf Act, 1995, the applicant has assailed the validity of the order dated 16-5-2012 passed by the M.P. State Wakf Tribunal by which the application for injunction filed by the non-applicant No. 1 has been allowed. Facts leading to filing of the revision briefly stated are that Mutallika Islamiya School, Korwai, District Vidisha is a Wakf registered under the provisions of the Wakf Act, 1995 (hereinafter referred to as 'the Act'). The Wakf is the owner of lands comprised in various Khasra Nos. admeasuring 16.235 hectares. The applicant No. 1, who is the Mutwalli submitted an application on 10-10-2009 under section 32 of the Act to M.P. Wakf Board, Bhopal for grant of permission to exchange 4.633 hectares of un-irrigated agricultural lands with irrigated lands admeasuring 6.28 hectares situated near Betwa river. It was stated in the application that son-in-law of Mutwalli namely applicant No. 2 has offered to pay Rs. 15 lakhs for further construction and restoration of Dargah as a result which, strength of the students would increase from 250 to 500. The applicant No. 1 also offered to contribute a sum of Rs. 1.05 lakhs to Wakf Board by way of donation.

(2.) Thereupon, the valuation report in respect of lands in question from a private valuer was obtained and it was found that market value of the land of the Wakf is less than the market value of the lands sought to be received in exchange. It is the case of the applicants that the issue with regard to exchange of the land was considered in the meeting of the Board dated 26-2-2011 in which, out of 13 members, 10 members voted in favour of the resolution. Thereafter, non-applicant No. 1 on 5-5-2011 issued a notice under section 89 of the Act to the Board by which the Board was required to annul the proceeding with regard to exchange of the land. The Chief Executive Officer of the Board by communication dated 22-6-2011 informed the Mutwalli that permission has been granted by the Board and the Tahsildar was requested to make necessary entries in the revenue records. Before expiry of the notice period, the non-applicant No. 1 filed a suit under section 83 of the Act along with an application for injunction by which the applicants were sought to be restrained from alienating the property in question and to change the nature of the property. The applicants filed the written statement as well as the reply in which inter-alia it was pleaded that permission to exchange the land has been duly granted by the Board in accordance with law.

(3.) The Tribunal vide order dated 16-5-2011 inter-alia held that market value of the land sought to be received in exchange is less than the lands which belongs to the Wakf. It was further held that in case injunction is not granted, the purpose of filing the suit would be frustrated. Accordingly, the applicants were restrained either from alienating the property in question or from altering the nature of the same.