J&K High Court directs tribunals to be set up to deal with complaints against Waqf Board’s rent hikes

Board says it does not come under HC jurisdiction; complainants against the Board’s “arbitrary, irrational and exorbitant” rent hikes must not be left without any remedy, says Bench

The Jammu and Kashmir High Court has directed the Union Territory’s administration to set up tribunals to deal with what it described as a “chaotic” situation, as at least 29 licensees of Waqf Board properties filed petitions against the Board’s “arbitrary, irrational and exorbitant enhancement of monthly rent”. As the Board claimed that it does not come under the court’s jurisdiction, the Bench directed the constitution of tribunals under the Waqf Act, 1995.

“While dismissing the writ petitions and taking note of the chaotic situation created due to non constitution of the Tribunal or Tribunals, a direction is issued to the Government of Union Territory to constitute one or more Tribunals, as it may think fit, in terms of Section 83 of the Act within a period of two months from the date of this judgment,” J&K High Court judge Sanjeev Kumar observed.

The court also directed that status quo must be maintained in such matters “till the Government constitutes Tribunal/Tribunals”.

Unilateral rent increases

“The Waqf Board increased the rentals of the properties under occupation of the petitioners in ex-parte and without providing them an opportunity of being heard,” the petitioners said in their plea.

The Board, however, argued that the petitions were not maintainable“ on the ground that the State Waqf Board, constituted under 1995 Act, is neither a State nor any person or authority amenable to the writ jurisdiction vested in the High Court under Article 226 of the Constitution of India.”

Justice Kumar said that dismissing the petitions on such grounds would leave the petitioners without any remedy, given that the High Court could not exercise jurisdiction not vested in it.

Board widens ambit post-2019

“However, having regard to the predicament faced by the petitioners or may be faced by similarly situated persons in future, I deem it appropriate to remind the Government of the Union Territory of its statutory duty enjoined on it under Section 83 of the Act and to take requisite steps for constitution of one or more Tribunals, as it may think fit, so that persons aggrieved are not rendered remediless,” Justice Kumar said.

The J&K Waqf Board, headed by Darakshan Andrbai, has widened its ambit in J&K after the Union government revoked Article 370 in 2019. Earlier, the Board had at least 133 mosques and shrines under its ambit, and owned 9,500 kanals of land. It has now taken control of dozens of other mosques and shrines, along with their properties.