SC upholds Delhi HC order, rejects Waqf Board claim on Shahdara gurudwara

A bench of Justices Sanjay Karol and Satish Chandra Sharma ruled that the gurudwara's continued existence since 1947 outweighed the Waqf Board's claim to the Shahdara property

The Supreme Court (SC) on Wednesday dismissed a petition filed by the Delhi Waqf Board seeking possession of land in the Shahdara area of Delhi, where a gurudwara has been operational since 1947.

 

A bench of Justices Sanjay Karol and Satish Chandra Sharma upheld a 2010 Delhi High Court order that had rejected the Waqf Board’s claim over the property. The court stated that the longstanding presence of the gurudwara was sufficient reason to deny the claim and advised the Waqf Board to step back from the matter.

 

Waqf Board cited mosque history on land 

During the hearing, senior advocate Sanjoy Ghose, representing the Waqf Board, argued that lower courts had acknowledged a mosque previously existed on the land before the gurudwara’s construction. He identified the structure as Masjid Takia Babbar Shah and maintained that the land was waqf property.

 

Justice Sharma responded, “Not ‘some kind of’… a proper functioning gurudwara, and once there is a gurudwara, let it be. A religious structure is already functioning.” He further advised, “You should yourself relinquish that claim, you see.”  ALSO READ: Govt to launch Umeed portal on June 6 to digitise, regulate Waqf properties

 

High Court earlier dismissed Waqf Board's claim 

The Waqf Board had approached the apex court seeking to reclaim the land as waqf, or religious endowment, property. The defendant in the case argued that the property ceased to be waqf after it was sold by Mohd Ahsaan in 1953.

 

While the Delhi High Court noted the defendant lacked title documents, it ruled this did not strengthen the Waqf Board’s case, as the burden of proof lay on the plaintiff. A witness for the defence confirmed the gurudwara had been operational on the land since the time of Partition.

 

Waqf property disputes under wider scrutiny 

The case comes amid broader legal and administrative scrutiny of waqf properties across India. Amendments to laws governing waqf property management, which are currently under challenge in the SC, include provisions requiring mandatory registration.

 

According to the government, unregistered waqf properties will be treated as disputed and referred to the Waqf Tribunal. In cases of delay due to technical or significant issues, registration may be granted an extension of up to two months.