Punjab Wakf Board vs Director Rural Development And Panchayats

2026 INSC 930
Non-Reportable


IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

Civil Appeal Nos.9169-9170 of 2013


Punjab Wakf Board ...Appellant (s)


Versus

Director Rural Development
And Panchayats & Ors. ...Respondent (s)

O R D E R

The question arising in appeals is as to the
determination of the title of the land in dispute, whether the
title be with the Gram Panchayat or Punjab Wakf Board.
2. The High Court found that the matter is in the exclusive
jurisdiction of the Collector under Section 11 of the Punjab
1 th
Village Common Lands (Regulation) Act 1961 . The 4
respondent in the appeal, who claims to be the tenant of the
Wakf Board, prayed for the orders of ejectment passed by
the District Development & Panchayat Officer and the
Signature Not Verified
Director Rural Development & Panchayat, to be kept in
Digitally signed by
VISHAL ANAND
Date: 2026.08.31
18:11:51 IST
Reason:

1
Hereinafter referred to as ‘the Regulation Act of 1961’
Page 1 of 5

abeyance. It was directed that the tenant would deposit a sum
of Rs.10,000/- per acre for use and occupation of the land in
dispute, while the matter is pending. Before this Court, there
was a status quo order passed with respect to the property.

3. The High Court found the jurisdiction on the Collector
under Section 11 of the Regulation Act, which reads as
under:-
“ Notwithstanding anything contained in the Punjab
Pre-emption Act, 1913, no sale of land in shamilat deh
made by a Panchayat shall be pre-emptible and no
decree of preemption in respect of any such sale shall
be executed after the commencement of this Act. ”

4. Section 13 also barred the jurisdiction of Civil Courts.
5. The question arising herein is as to whether the land is
wakf or not, in which circumstance, the determination has to
concede to the procedure prescribed under the Wakf Act,
1995.
6. Section 6 of the Wakf Act, 1995, provides that any
question arising, whether a particular property specified as
wakf property in the list of wakf, is a wakf property or not,
may be determined by a suit instituted in the Tribunal for the
decision on the question and the decision of the Tribunal in
respect of such matter shall be final. The suit can be instituted
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by the Board or the Mutawalli of the Wakf or any aggrieved
person. Section 6(5) provides that on and from the
commencement of this Act in a State, no suit or other legal
proceeding shall be instituted or commenced in a court in
that State, in relation to any question referred to in sub-
section (1). Section 6 also provides that after the
commencement of the Wakf Act, any question or dispute
arising, as to whether a particular property specified as a
wakf property in a list of wakf, is a wakf property or not, an
application can be made to the Tribunal having jurisdiction
in relation to such property, for a decision on the question
and the decision of the Tribunal shall be final.
7. Section 85 of the Wakf Act too provides a bar of
jurisdiction of Civil Courts and also of a Revenue Court and
any other authority in respect of any dispute, question or
other matter relating to any wakf property or other matter
which is required by or under the Wakf Act, to be determined
by the Tribunal. Hence, the jurisdiction conferred on the
Collector by the Regulation Act of 1961 stands ousted, if the
dispute arises with respect to a wakf property included in the
list of wakf.
Page 3 of 5

8. The definition of list of wakf, as amended in 2013, not
only takes in the list of wakf published under Section 5(2) but
also those contained in the register of wakf maintained under
Section 37 by Clause (g) of Section 2. Reference can also be
made to the decision of a co-ordinate bench of this Court in
2
Habib Alladin and Others v. Mohammed Ahmed .
9. The appellant herein has produced a notification
issued by the State Government dated 19.09.1970, by which
the subject property is included in the ‘List of Sunni Wakfs
existing in the composite Punjab State under Section 5(2) of
the Central Government Wakf Act, 1954, read with Rule 4 of
the Punjab Wakf Rules, 1964’. The matter is, hence, to be
agitated before a Wakf Tribunal.

10. The impugned judgment is set aside, and the matter is
directed to be referred to a Tribunal.
11. The parties, either of them, can approach the Tribunal
for consideration of the dispute as to whether the property is
wakf or not and the Tribunal shall definitely look into the
notification and ascertain that the property in dispute is, in

2
2026 SCC OnLine SC 119
Page 4 of 5

fact, included therein, before proceeding with such
adjudication. If the property is not so included in the wakf,
then necessarily it would have to be considered by the
Collector under the Regulation Act of 1961, since then the
consideration would be as to whether it is a Shamilat Deh
land, for which consideration also, the Civil Court’s
jurisdiction is ousted by the Regulation Act of 1961.
12. With the above directions, the appeals are allowed.
13. Pending application(s), if any, shall stand disposed of.


.......…….……………………. J.
(J. B. PARDIWALA)


....……….……………………. J.
(K. VINOD CHANDRAN)

NEW DELHI;
AUGUST 19, 2026.
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