22/05/2023
Suit Property Cannot Continue As Wakf Irrespective Of Its Use Or Disuse As Burial Ground In Absence Of Evidence: SC
Cause Title: Salem Muslim Burial Ground Protection Committee v. State of Tamil Nadu and Ors.
==> Finding that there is no evidence on record that before issuing notification under Section 5 of the Wakf Act, 1954, any procedure or the survey was conducted as contemplated by Section 4 of the 1954 Act, the Supreme Court held that in the absence of such a material, the mere issuance of the notification under Section 5 of the 1954 Act would not constitute a valid wakf in respect of the suit land. Therefore, stating the Notification dated Apr 29, 1959, is not conclusive proof of the fact that the suit land is a wakf property.
Finding that there is no evidence on record that before issuing notification under Section 5 of the Wakf Act, 1954, any procedure or the survey was conducted as contemplated by Section 4 of the...
