Case: Ramjas Foundation  Vs. Union Of India

of the plaintiff now shows. He established an institution together with provision for its perpetual maintenance.In evidence this trust has been called by the Secretary as ‘Educational Charitable Institution’. In the deed of settlement dated November 26, 1946, it was described by the British Government as “a public educational charity”. All in all it comes to a charitable endowment. It can be properly called a charitable trust. The Indian Trust Act will not govern it, as Section 1 of that Act lays down what Rai Kedar Nath created was a charitable trust as known to Hindu Law. Reading the notification as a whole it appears to me that the Wakf property as known to Muslim Law has been excepted from the acquisition proceedings. This has been done by the Government in exercise of its powers of eminent domain. I do not think that it will be proper to call the lands in question as Wakf property. This is not the sense which the word bears in the notification. In my opinion, the Chief Commissioner’s notification uses the expression ‘Wakf property’ in the sense in which Wakf is understood in Mohammedan Law.The Chief Commissioner’s notification under Section 4 Land Acquisition Act is in the nature of a statutory instrument. It uses the expression ‘Wakf property’. How do we interpret those words? I think these words must be construed according to the legal and technical meaning given to them by Muslim Law. They are not to be given the more popular, non-legal or ordinary dictionary meaning of the words. These words must be taken in their legal sense.” The Division Bench agreed with the learned Single Judge and observed: “In view of the aforesaid legal exposition of the `Wakf’ it cannot be said that the property of appellants, which may be Hindu charitable trust, would be termed as ‘Wakf property’. The learned Single Judge, to our mind, rightly held that while using his expression in the impugned Notification issued by the statutory authority under Section 4 of the Act the statutory authority would be presumed to be aware of the legal implication of the term ‘Wakf property’. Therefore, this term cannot be read as to embrace property impressed with the character of a charitable trust amongst the Hindus. Once the meaning of the words ‘Wakf property’ is clear, it is difficult to accept the argument of the learned Counsel for the appellants that ‘popular’ meaning should be given or that statutory authority loosely used the expression ‘Wakf’ and ‘trust’. If the interpretation suggested by the appellants of the term ‘Wakf property’ is accepted, it would amount to obliterating the distinction otherwise statutorily recognized by the Indian Trusts Act. No such interpretation can be given which nullifies the effect of the Provision of a Statute. While interpreting such a Notification like the one issued under Section 4 of the Act, the connotation of the word ‘Wakf’ as legally accepted is to be preferred to a non-legal connotation. After all the Notification passed under Sections 4 and 6 of the Land Acquisition Act is in exercise of statutory powers and may have the effect of subordinate legislation. Such Notification has serious ramifications. It cannot be inferred, therefore, that framers of the Notification did not know the technical or legal meaning of the word ‘Wakf property’ or used the expression loosely. It also cannot be presumed that authors of such statutory Notification were not aware of other religious charitable institutions and intended to include the same by the expression ‘Wakf property’. It appears that exclusion of ‘Wakf property’ was intentional knowing fully well the meaning thereof in Muslim Law with no intention to cover other religious charitable institutions.” 19. The Division Bench also rejected the argument that if Wakf created by non-Muslims is excluded from Clause (d) then the same would be violative of Articles 14 and 15 of the Constitution by observing that the said plea was not pressed before the learned Single Judge and even in the grounds of appeal, this plea was not taken. In the opinion of the Division Bench, by omitting to press the point before the learned Single Judge and not taking a ground in the memo of appeal, the appellants will be deemed to have abandoned this part of challenge to the acquisition proceedings.20. The argument of Mr. R. Venkataramani that by dedicating the land for a charitable purpose Rai Sahib Kedar Nath intended to create a Wakf lacks merit and deserves to be rejected. In the function organized on 25.12.1916 in Ramjas School, Kucha Ghasi Ram, Chandani Chowk, the dedicator is said to have made an announcement that he had created a Wakf and donated all his moveable and immoveable properties to the Society for charitable purposes but no evidence was produced before the learned Single Judge to prove this. Rather, the evidence produced before the learned Single Judge shows that even after the so called dedication of land for charitable purposes, the same continued in the name of Rai Sahib Kedar Nath till 1936 when he executed the release deed in favour of the Trust of which he himself was the founder trustee apart from being the Manager of the school and the President of the Society. The hawan ceremony performed by Rai Sahib Kedar Nath which was preceded by Samarpan and Sankalp also shows that he did not intend to create a Wakf. This is the reason why the objects of Ramjas College Society formed in 1917 do not make a mention of the Wakf allegedly created by Rai Sahib Kedar Nath. In the deed of settlement executed by the British Government, the institution was described as a public educational charity and not as a Wakf. Therefore, the concurrent finding recorded by the learned Single Judge and the Division Bench that what was created by Rai Sahib Kedar Nath was a public charitable trust and not a Wakf and the property acquiredvide notification dated 13.11.1959 was not a Wakf property does not call for interference.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10. We have considered the respective submissions. In our view, the appeal deserves to be dismissed because the appellants have not approached the Court with clean hands. In Ramjas Foundation v. Union of India, acquisition of the land situated at Sadhora Khurd was challenged on the ground of violation of Section 5A of the Act and also on the ground that land in question is exempted from acquisition because it is a Wakf property. Another plea taken by appellant No. 1 was that if the land belonging to educational and charitable institutions established by Hindus andis not treated as Wakf property, then the exemption Clause (d) is liable to be declared void for violation of Article 14 of the Constitution.In our view, the appellants are not entitled to any relief because despite strong indictment by this Court in Ramjas Foundation v. Union of India, they deliberately refrained from mentioning details of the cases instituted by them in respect of the land situated at Sadhora Khurd and rejection of their claim for exemption under Clause (d) of notification dated 13.11.1959 by the High Court and this Court.17. Notwithstanding the above noted conclusion, we have thought it proper to deal with the issue raised in the appeal on merits. The institution of Wakf owes its origin to a rule laid down by the prophet of Islam. It meanstying up of property in the ownership of God the Almighty and the devotion of the profits for the benefit of human beings. When once it is declared that a particular property is Wakf, or any such expression is used as implies Wakf, or the tenor of the document shows, if there is athat a dedication to pious or charitable purpose is meant, the right of Wakif is extinguished and the ownership is transferred to the Almighty. In his book on Mohammedan Law (Fourth Edition) Volume I, Ammer Ali has said,person or whatever creed may create Wakf, but the law requires that the object for which the dedication is made should be lawful according to the creed of the dedicator as well as the Islamic doctrines. Divine approbation being the essential in the constitution of a Wakf if the object for which a dedication is made is sinful, either according to the laws of Islam or to the creed of the dedicator it would not beThis shows that a non Muslim can also create a Wakf for any purpose which is religious under the Mohammedan Law. However, the object of the Wakf must be lawful according to the religious creed of the maker as well.18. While dealing with the question whether the land belonging to appellant No.1 is Wakf property and is exempted from acquisition, the learned Single Judge analysed the pleadings and documents produced by the parties, referred to the concept ofpropounded by Ammer Ali, outlines of Mohammedan Law by Prof. A.A.A. Fayzee (Chapter IX pg.the judgments of the Privy Council and various High Courts in Vidya Viruthi v. Baluswami, AIR 1922 PC 123; Mami v. Kallandar Ammal, 54 IA 23; Motishah v. Abdul Gaffar, AIR 1956 Nag. 38; Arur Singh v. Badar Din, AIR 1940 Lah. 119; Fuzlur Rahaman v. Anath Bandhu Pal, (1911) 16 CWN 114; Misra Hidavat Beg v. Seth Behari Lal, AIR 1941 All.The Division Bench also rejected the argument that if Wakf created byis excluded from Clause (d) then the same would be violative of Articles 14 and 15 of the Constitution by observing that the said plea was not pressed before the learned Single Judge and even in the grounds of appeal, this plea was not taken. In the opinion of the Division Bench, by omitting to press the point before the learned Single Judge and not taking a ground in the memo of appeal, the appellants will be deemed to have abandoned this part of challenge to the acquisition proceedings.20. The argument of Mr. R. Venkataramani that by dedicating the land for a charitable purpose Rai Sahib Kedar Nath intended to create a Wakf lacks merit and deserves to be rejected. In the function organized on 25.12.1916 in Ramjas School, Kucha Ghasi Ram, Chandani Chowk, the dedicator is said to have made an announcement that he had created a Wakf and donated all his moveable and immoveable properties to the Society for charitable purposes but no evidence was produced before the learned Single Judge to prove this. Rather, the evidence produced before the learned Single Judge shows that even after the so called dedication of land for charitable purposes, the same continued in the name of Rai Sahib Kedar Nath till 1936 when he executed the release deed in favour of the Trust of which he himself was the founder trustee apart from being the Manager of the school and the President of the Society. The hawan ceremony performed by Rai Sahib Kedar Nath which was preceded by Samarpan and Sankalp also shows that he did not intend to create a Wakf. This is the reason why the objects of Ramjas College Society formed in 1917 do not make a mention of the Wakf allegedly created by Rai Sahib Kedar Nath. In the deed of settlement executed by the British Government, the institution was described as a public educational charity and not as a Wakf. Therefore, the concurrent finding recorded by the learned Single Judge and the Division Bench that what was created by Rai Sahib Kedar Nath was a public charitable trust and not a Wakf and the property acquiredvide notification dated 13.11.1959 was not a Wakf property does not call for interference.