Surat : SMC Wins Case Against Waqf Board for Mughalsarai Building

Tribunal Rules in Favor of Municipal Corporation, Disqualifying Waqf Board's Order

Surat : SMC Wins Case Against Waqf Board for Mughalsarai Building

Surat Municipal Corporation (SMC) has successfully retained its rights over the Mughalsarai building located in Surat, Gujarat. The Waqf Tribunal recently ruled in favor of the SMC, disqualifying a previous order by the Waqf Board that declared the building a Waqf property.

The dispute began in 2015 when 72-year-old Abdullah Jarullah applied to the Waqf Board, claiming the Mughalsarai building to be a Waqf property. The Waqf Board approved the application in 2021, prompting the SMC to challenge the decision before the Waqf Tribunal.

The SMC argued that it had been in possession of the building for over 150 years and presented documentary evidence to support its claim. This evidence included a charter copy issued by the British Raj collector and a property card listing the SMC as the owner. The SMC further argued that the building was not included in the Waqf list compiled after the implementation of the Waqf Act in 1995.

Abdullah Jarullah, on the other hand, presented photocopies of inscriptions in Persian found at the Mughalsarai building as evidence. He argued that these inscriptions, currently housed in the Prince William Museum of Mumbai, proved the building's Waqf status.

The Waqf Tribunal, after considering both sides' arguments, found Abdullah Jarullah's evidence lacking. The tribunal noted that the presented documents were photocopies, not originals, and that the applicant failed to establish himself as the rightful trustee of the property. Additionally, the tribunal pointed out the absence of proper advertisements by the Waqf Board soliciting applications or objections regarding the Waqf status of the building.

In its verdict, the Waqf Tribunal emphasized the lack of concrete evidence from Abdullah Jarullah and the SMC's long-standing possession of the property. The tribunal concluded that the Waqf Board's decision was based on insufficient evidence and violated proper procedures. With this ruling, the SMC retains control of the Mughalsarai building.

Tags: Surat