Waqf Board CEO's Application U/S 54 Waqf Act Before Tribunal Not A Suit, No Court Fees Applicable On It: Allahabad HC

The Allahabad High Court has held that the Chief Executive Officer of the Waqf Board is not liable to pay court fees on an application moved by him under Section 54 before the Waqf Tribunal.

The Court held that the Chief Executive Officer is not an aggrieved person under the Act while moving the application. The Court held that had the legislature intended for payment of court fees on the application, it would have brought the proceedings at par with suits filed under Section 6 and Section 7 of the Waqf Act, 1996.

“It is in aforesaid circumstances that this Court is of the considered opinion that the procedure prescribed for the suit is different from the procedure prescribed under Section 54 for removal of the encroachers and that there is clear distinction with regard to the procedure prescribed under Sections 6 and 7 of the Act of 1995 with regard to suit for the court fee is liable to be paid under Section and is clearly distinct from the suit initiated as per Section 54 of the Act of 1995,” held Justice Alok Mathur.

Factual Background

Chief Executive Officer filed a complaint regarding non-payment of arrears of rent by respondents of shop No. 6 situated in Waqf Masjid Bande Ali Khan, Lucknow which was duly registered as waqf in the office of U.P. Sunni Central Waqf Board, Lucknow.

A prayer was also made to remove encroachments in respect to the premises in question and proceed with the eviction of the encroachers from the premises in question and deliver the vacant possession of the premises to the applicant.

After inquiry, the Chief Executive Officer directed respondents to deliver possession of the property to the committee of management appointed by the waqf within 15 days. Since objections were raised by the respondents, the Chief Executive Officer moved an application before the Waqf Tribunal at Lucknow seeking direction under Section 54(4) of the Waqf Act, 1995 against respondents for issuing directions to them to deliver possession of the waqf property (shop No.6) to the committee of management.

Before the Waqf Tribunal, respondents claimed that the application preferred by the Chief Executive Officer under Section 54 of the Act of 1995 was the same as suit proceedings and a court fee is liable to be paid on such an application. The U.P. Waqf Tribunal, Lucknow held that proceedings initiated at the behest of Chief Executive Officer of U.P. Sunni Central Waqf Board under Section 45 are similar to suit for eviction on which as per Section 7 (5) court fee is liable to be paid as per the Court Fee Act,1870. The revisionist was directed to pay court fee of Rs.6,72,000/-.

Counsel for the petitioner contended that the application to the Tribunal was made by the Chief Executive Officer while exercising his powers under Section 54 of the Waqf Act, 1955. It was argued that if the legislature had intended to treat such an application as a suit then proceedings under Section 54 would have been termed as suit rather than an application.

It was further argued that suits which attract court fees have been clearly specified in Section 6 and Section 7 of the Waqf Act. It was submitted that an application by Chief Executive Officer under Section 54 is not a suit under Section 6 and Section 7 of the Act.

High Court Verdict

Analysing the procedure under Section 54 of the Waqf Act, 1995, the Court observed that procedure for application prescribed under Section 54 is distinct from the procedure prescribed for suit proceedings initiated under Sections 6 and 7 of the Act of 1995.

“Legislation clearly provided that action under Section 54 can be initiated on mere application to the Chief Executive Officer who in turn on his being satisfied with regard to removal of encroachment further moves the application to the Tribunal for immediate purpose i.e. to seek an order of eviction. The application moved by the Chief Executive Officer contains all the details including inquiry conducted by him and after hearing the encroachers.”

The Court held that Chief Executive Officer is not himself an aggrieved party, but moves the application in compliance of statutory provisions. Accordingly, the Chief Executive Officer cannot be asked to pay court fees for moving the application before the Waqf Tribunal.

Accordingly, the order of Tribunal directing the Chief Executive Officer, U.P. Sunni Central Waqf Board Lucknow to pay Court fees was set aside.

Case Title: C.E.O. U.P. Sunni Central Waqf Board Lucknow v. Mohammad Nihal And Ors.[ CIVIL REVISION No. - 35 of 2022]

Case Citation: 2023 LiveLaw (AB) 501

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