No exemption to Muslim Waqf institutions from paying court fees: Gujarat HC

In a significant judgment, the Gujarat High Court on Wednesday rejected nearly 150 petitions from Muslim Waqf institutions seeking exemption from payment of fees to the State Waqf Tribunal to access a court of law. Justice JC Doshi dismissed the petitions, many of which involved contested rent claims, possession disputes, and rights of occupancy over key properties across the state. Waqf trusts such as Sunni Muslim Idgah Masjid Trust, the Vadodara Saher Masjid Sabha Trust, and the Sarkhej Roza Committee in Ahmedabad, had challenged orders of the Gujarat State Waqf Tribunal requiring payment of court fees before their disputes could be heard. The court observed that they had sought reliefs before the tribunal which were adversarial in character wherein rights and obligations of contesting parties are required to be judicially determined. "An application instituted under section 83 of the Waqf Act, forming part of the judicial proceedings contemplated under Chapter VIII thereof, ...