Case Note & Summary
The case involves a civil revision application challenging an order dated 28th May 2012 passed by the Maharashtra Wakf Tribunal, Aurangabad, allowing the respondents' application for temporary injunction in Wakf Suit No.54 of 2011. The property in question, City Survey No.2543 at Aurangabad, is admitted to be a Wakf property. It is a rectangular plot with two structures: an Ashurkhana on the southeast and a residential house on the north side, occupied by the petitioners (defendant nos.1 and 2) and their family. There is an open space on the western side of the Ashurkhana. The respondents (plaintiffs) filed the suit seeking an injunction to prevent the petitioners from erecting further construction on the suit plot. On the date of filing (29th June 2011), the petitioners had commenced construction on the open space using cement concrete. By the time the temporary injunction was passed, the construction had reached the ground floor ceiling. The Tribunal, after hearing all sides, passed the impugned order preventing further construction. The learned Judge of the Tribunal held that since the suit plot and the open space behind the Ashurkhana is public property, no construction should be permitted. The High Court, in revision, examined the facts and found that the Tribunal's order was justified. The court noted that the property is Wakf and public, and the petitioners had no right to construct without permission. The balance of convenience was in favor of the respondents, and the petitioners would not suffer irreparable loss as they could be compensated. The High Court dismissed the civil revision application, upholding the Tribunal's order.
Headnote
A) Wakf Law - Temporary Injunction - Public Property - Sections 83, 85 of Wakf Act, 1995 - The Wakf Tribunal granted temporary injunction restraining defendants from constructing on open space of a Wakf property - The High Court held that since the property is Wakf and public, no construction should be permitted without proper authority - Held that the Tribunal's order was justified and no interference was warranted (Paras 1-5).
Issue of Consideration
Whether the Wakf Tribunal was justified in granting temporary injunction restraining the petitioners from constructing on a Wakf property.
Final Decision
The High Court dismissed the civil revision application, upholding the order of the Wakf Tribunal granting temporary injunction.
Law Points
- Wakf property is public property
- no construction permitted without permission
- temporary injunction can be granted to prevent encroachment
- prima facie case and balance of convenience in favor of plaintiffs
