Telangana High Court quashes 2001 Waqf land notification

The Telangana High Court has quashed a 2001 Gazette notification that had classified 5.8 acres of land in Toopran village, Medak district, as Waqf property. The ruling, delivered by Justice Laxmi Narayana Alishetty, pertains to a writ petition filed by Syeda Ghousiya Sultana and 38 others.

The petitioners argued that the disputed areas were private patta lands inherited from their ancestors, supported by occupancy rights certificates, title deeds, and revenue records. They claimed they only discovered the Waqf classification when attempting to execute sale deeds and noted they had received no individual notices regarding the inclusion of their land.

While the Telangana Waqf Board argued that a survey was conducted in the 1960s and public notice was provided via tom-tom announcements, the court found the Board failed to prove compliance with the mandatory procedures required under Sections 4 and 5 of the Waqf Act, 1954. Specifically, the Board could not produce survey reports, inquiry proceedings, records of objections, or proof of public proclamation. The court ruled that the publication of a Gazette notification cannot validate the inclusion of properties if the underlying statutory survey and inquiry procedures are not strictly followed.