CR No. 2123 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 2123 of 2009 Date of decision 17th March 2010 Haryana Wakf Board Ambala Cantt., and others …………Petitioners Vs. Savitri Devi and others …………Respondents CORAM:- HON’BLE MR. JUSTICE L.N.MITTAL Present: - Mr. Jai Bhagwan, Advocate for the petitioner ……. L.N.MITTAL, J (ORAL) ……. Respondents No. 1 to 3 filed suit before Wakf Tribunal, Karnal (constituted under Section 83 of the Wakf Act 1995) against the petitioners and proforma-respondents No. 4 to 6 alleging that suit land comprised of Khasra No. 133 (4 kanals 13 marlas) and Khasra No. 134 (84 kanals 9 marlas) i.e. total land measuring 89 kanals 2 marlas situated in village Sandhir is Gair Mumkin Kabristan, but the defendants including Haryana Wakf Board wanted to change its user. Correction in revenue entries with permanent injunction to restrain the defendants from changing nature of the suit land from Gair Mumkin Kabristan to any other purpose was also claimed. Learned Wakf Tribunal vide impugned judgment dated 5.12.2008 held the suit land to be Gair Mumkin Kabristan, but found that only the land CR No. 2123 of 2009 -2- comprised in Khasra No. 133 (4-13) is presently sufficient for use as graveyard in view of the fact that only two muslim families are residing in the village. Accordingly, the Tribunal declared that the suit land vests in Haryana Wakf Board and the suit land is reserved for Kabristan. Defendant No. 6 lessee of the Wakf Board has been restrained from raising any construction over the land comprised in Khasra No. 133 and from using it as residence. The defendants have also been restrained from changing the user of land comprised in Khasra No. 133 from Kabristan to any other purpose. Defendant No. 6 has also been restrained from lifting and selling any earth from the land of Khasra No. 134 for brick kiln. It was ordered that land of Khasra No. 134 shall be kept reserved for Kabristan but the same can be leased out by the Wakf Board for generating income until the said land may also be needed, in future, to be used as graveyard. Feeling aggrieved by the aforesaid judgment of the Wakf Tribunal, the instant revision petition has been preferred by Haryana Wakf Board and its officers under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act, 1995. I have heard learned counsel for the petitioners and perused the case file. Learned counsel for the petitioners vehemently contended that the petitioners are aggrieved by the impugned judgment of the Tribunal regarding land of Khasra No. 133. It was also contended that the land measuring 4 kanals 13 marlas of Khasra No. 133 is not required to be used as graveyard because there are only two muslims families in the village Sandhir and only two bodies were buried there during the last 30 years. The contention cannot be accepted. The Tribunal has observed that it has come in evidence that there exist four graves in the land of Khasra No. 133 and during the last more than 30 years, only two persons have been buried there. However, the Tribunal has observed that land of Khasra No. 134 measuring 84 kanals 9 marals may be leased out and used for any other CR No. 2123 of 2009 -3- purpose until the same may also be required to be used as graveyard. In view thereof, the impugned judgment of the Tribunal that land of Khasra No. 133 measuring 4 kanals 13 marlas only be kept reserved for being used as grave yard at present cannot be faulted and the same does not suffer from any illegality. There are two muslim families in the Village and therefore land measuring 4 kanals and 13 marlas to be used as graveyard for them cannot be said to be excessive land, particularly when the other land, measuing 84 kanals 9 marlas has been allowed to be leased out by the Wakf Board for the time being. In view of the above, I find no merit in the instant revision petition and the same is hereby accordingly dismissed in limine. (L.N.MITTAL) JUDGE 17.3.2010 preeti