- The Hon’ble Apex Court has, in State of Andhra Pradesh vs. A.P. State Wakf Board has held that Article 26 does not interfere with the right of the State to acquire property. Thus, the Apex Court set aside the action of the Andhra Pradesh Wakf Board which declared 1654 acres of land as wakf property.
- In the instant case, the notification was issued by the Wakf Board in the year 2006. It was challenged by the State of Andhra Pradesh and AP Infrastructure Development Corporation by filing a writ petition before the HC. The same along with several writ petitions were dismissed.
- The SC observed that the HC had erred in relegating the parties to avail a statutory remedy. The Court held that the State Government has a right, just like any other juristic entity, to protect its property by invoking the writ jurisdiction of the HC.
- The SC also observed that the publication of the notification in the official gazette serves as a public notice. The same is in no way binding on the State Government.
- One of the major contentions of the defendants was that the land dedicated for pious and religious purposes continues to be vested in the wakf, in light of the principle ‘once a wakf, always a wakf’.
- To answer this question, the Apex Court referred to its decision in Khajamian Wakf Estates vs. State of Madras (1970)3 SCC where it was questioned whether the State stood in violation of article 26(c) and 26(d) of the Constitution when it acquired lands which were vested in the religious institutions. The Court had held that these aforementioned sections in no way took away the right of the State to acquire property belonging to religious denominations.
- It was further held that the religious denominations have the right to acquire and administer properties, but that does not mean that the State loses the right to acquire them. After such acquisition, they cease to own that property and lose the right to administer them as they please.
- Thus, the appeal was allowed by the SC.
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