States » WestPosted at: Sep 28 2026 1:01PM


All India Khilafat Committee challenges Maha Waqf Board notice, says Trust not Waqf

Mumbai, Sep 28 (UNI) The All India Khilafat Committee, a Muslim organisation, has challenged a notice issued by the Maharashtra State Board of Waqfs seeking its accounts under the Waqf Act, 1995, describing the notice as “illegal and without jurisdiction” and asserting that the Committee is a public trust and not a waqf.
In its reply to the District Waqf Officer, Committee Chairman Sarfaraz Argu challenged the notice dated September 16, 2026, which was served on September 18 at the Committee’s office at Khilafat House, Love Lane, Mumbai.
The notice, issued under Section 61 of the Waqf Act, called upon the Committee to submit its accounts.
The Committee, in its response, said it was registered with the Charity Commissioner as a public trust under English Common Law and did not fall within the definition of a waqf.
t relied on a Supreme Court judgment in Maharashtra State Board of Waqfs vs Yusuf Bhai Chawala and Others (2022 SCC OnLine SC 1653), contending that vesting of title in trustees was an essential requirement for the creation of a valid waqf.
The Committee also referred to a judgment and decree passed by the Bombay City Civil Court on May 16, 1964, in Civil Suit No. 1965/1958, under which a scheme was framed for the administration and management of the public trust.
According to the Committee, the scheme vested the properties in trustees and not in the Almighty, and hence the trust could not be treated as a waqf.
On its property bearing CS No. 393, admeasuring 1,408.31 square metres at Love Lane in Mazgaon, the Committee said the land belonged to the government and was not private property.
It said a registered lease deed dated May 4, 2023, had been executed by the Governor of Maharashtra through the Mumbai Collector in favour of the trust. Following the requisite permissions, the old dilapidated building on the leasehold government land had been demolished and new construction was under way, it added.
The Committee also challenged the inclusion of its name in the List of Waqfs dated November 13, 2003, at serial number WB-703, page 1710/24, claiming that the entry was based on a purported survey report.
It contended that the Survey Commissioner, appointed through a notification dated December 1, 1997, to survey waqfs existing as on January 1, 1996, had not issued any notice to its trustees or conducted an inquiry under Section 4 of the Waqf Act.
The Committee said the absence of such an inquiry rendered the notification void.
It further contended that the Waqf Act was not applicable to the trust or its properties under the proviso to Section 2 of the Act. The registration of the trust under Section 43, bearing number MSBW/MUM 597/2025, was also challenged as illegal, alleging that it had been carried out without notice to the trust and behind its back.
The Committee alleged that the notice appeared to have been issued on the basis of a complaint by persons it described as blackmailers and property grabbers. It also said a copy of the complaint had not been served on it.
The Committee has sought the immediate withdrawal and recall of the notice, warning that it would initiate appropriate legal proceedings before the competent court if the notice was not withdrawn.
Since 1989, the Khilafat Committee is running Teacher training college affiliated to the Mumbai University, D .Ed. Urdu medium affiliated to SCERT Pune.
Besides, BMC has given space at Imamwada to run school.
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Tags: #All India Khilafat Committee challenges Maha Waqf Board notice# says Trust not Waqf
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