Section 83 of the Waqf Act, 1995 addresses the formation of the Waqf Tribunal. The provisions of this Section are as follows:

1. The State Government shall establish, through a notification in the Official Gazette, as many Tribunals as it deems appropriate for resolving disputes, questions, or other matters concerning a waqf or waqf property, the eviction of tenants, or the rights and obligations of lessors and lessees of such property, pursuant to the Waqf Act, 1995. The Government will also define the local boundaries and jurisdiction of these Tribunals.
    
2. Any mutawalli, any individual with an interest in a waqf, or any person dissatisfied with an order issued under this Act or its accompanying rules may submit an application to the Waqf Tribunal for the resolution of disputes, questions, or other matters related to the waqf, within the timeframe specified in this Act. If no specific time frame is provided, the application must be made within a period as may be prescribed.
    
3. If an application submitted under sub-section (1) concerns waqf property located within the jurisdiction of two or more Tribunals, the application may be directed to the Tribunal where the mutawalli, or any of the mutawallis, of the waqf resides, conducts business, or works for profit. In such cases, the other Tribunals with jurisdiction will not consider any application regarding the resolution of that dispute, question, or matter.
    
4. Provided, however, that the State Government may determine that it is in the best interest of the waqf or any other parties with an interest in the waqf or its properties to reassign the application to a different Tribunal that also has jurisdiction over the matter. Upon such reassignment, the receiving Tribunal shall continue to handle the application from the point it had reached in the original Tribunal, unless the receiving Tribunal decides it is necessary for the sake of justice to reevaluate the application from the beginning.
    
5. Each Tribunal shall be composed of the following members:
   1. one individual who is a member of the State Judicial Service, holding a rank not lower than that of a District, Sessions, or Civil Judge, Class I, who will serve as the Chairman;
   2. one individual who is an officer from the State Civil Services with a rank equivalent to that of the Additional District Magistrate, serving as a Member;
   3. one individual with expertise in Muslim law and jurisprudence, serving as a Member; and the appointment of each of these individuals shall be made by either name or designation.
       
6. The terms and conditions of the appointments, including the salaries and allowances for the Chairman and the other members, excluding those appointed as ex officio members, shall be determined as prescribed.
    
7. The Tribunal shall be regarded as a civil court and shall possess the same powers as a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when adjudicating a suit or enforcing a decree or order.
    
8. Regardless of any provisions in the Code of Civil Procedure, 1908 (5 of 1908), the Tribunal shall adhere to the procedures established by regulation.
    
9. The decisions rendered by the Tribunal shall be final and binding on the parties involved in the application, and shall carry the same weight as a decree issued by a civil court.
    
10. The enforcement of any Tribunal decision shall be carried out by the civil court designated to execute such a decision in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908).
     
11. No appeal is permissible against any decision or order, whether temporary or permanent, made by the Tribunal.

However, the High Court has the authority, either on its own initiative or upon the request of the Board or any affected individual, to review the records concerning any dispute, issue, or matter that the Tribunal has resolved. This review is conducted to ensure the accuracy, legality, or appropriateness of the Tribunal's decision, and the High Court may either uphold, overturn, or amend that decision or issue any other order it deems appropriate.

Note: Article 136 of the Indian Constitution grants the Supreme Court discretionary authority to allow special leave to appeal concerning any judgment, decree, or order issued by any court or tribunal within the country, including rulings from the High Court in waqf matters. The Supreme Court holds the power to approve or deny the request for a leave to appeal, indicating that it is not an automatic entitlement but a privilege extended at the Court's discretion.

A decision made by a Waqf Tribunal can be contested in the High Court according to Section 83(9) of the Waqf Act, 1995. This section permits any individual who feels wronged by the ruling or order of the Waqf Tribunal to submit an appeal to the High Court.

The appeal has to be lodged within a certain timeframe, usually within 60 days from the issuance of the tribunal's order; however, the High Court may grant an extension under specific conditions if adequate reasons are provided.

It is essential to understand that the High Court's power to hear appeals under Section 83(9) of the Waqf Act, 1995 differs from its writ jurisdiction as outlined in Articles 226 and 227 of the Constitution of India. While Section 83(9) focuses on the appeals process, Articles 226 and 227 empower the High Court to exercise supervisory authority over the Waqf Tribunal to address matters related to jurisdiction, legal errors, or infringements of fundamental rights.

The Waqf (Amendment) Bill, 2024 excludes clauses that would grant finality to the decisions made by the Tribunal. Decisions from the Tribunal can still be appealed in the High Court within a period of 90 days. However, this could be viewed as a meaningless endeavour, as the original provisions allowed for appeals against the Waqf Tribunal's decisions in both the High Courts and the Supreme Court. The notion that the decisions made by the Waqf Tribunal cannot be contested in the Higher Courts is a myth, a misconception, or perhaps a deliberate act of misinformation.

Court Judgments:
The jurisdiction of the Waqf Tribunal extends beyond merely determining the nature of waqf property; it has the authority to assess whether the leasing of waqf property was conducted correctly or incorrectly, along with addressing any other matters related to waqf property. All disputes concerning waqf property are to be resolved by the Tribunal, as the jurisdiction of civil courts is excluded. (M. Bikshapathi v. Govt. of A.P., (2002) 2 An LT 530 AP HC)

The petitioner's argument that waqf property cannot be classified as such without a preliminary survey of waqfs, the publication of a list of waqfs, and the registration of waqf property is untenable. (Jai Bharat Coop. Housing v. A.P. State Waqf Board, (2000) 5 ALT 389 AP)

The jurisdiction of the Tribunal is original in nature. It cannot be argued that the Tribunal only assumes jurisdiction when an order is issued by the Waqf Board. (Aliyathammada Beethathebiyyapura Pookoya Haji v. Pattakal Cheriyakuya, AIR 1999 Ker 289)

Nevertheless, the Waqf Act, 1995 does not apply to ongoing lawsuits, proceedings, appeals, or revisions that were initiated before January 1, 1996, which is when the Waqf Act of 1995 came into force. The Act is designed to have prospective effect and does not have retroactive application. (Sardar Khan v. Syed Najmual Hasan, (2007) 2 CLT 259 (SC))

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565