Last Updated: June 04, 2025, 19:16 IST

The case centred on a piece of land on which a gurdwara had been standing and functioning for decades, predating India’s independence.

The Waqf Board claimed in court that the property has been used as waqf since time immemorial and was notified in the notification of the Gazette on December 3, 1970, and subsequently corrected by another notification of April 29, 1978, published in the Delhi Gazette on May 18, 1978. File pic/PTI

The Supreme Court of India in a significant ruling on Wednesday dismissed an appeal filed by the Delhi Waqf Board, which sought possession of a pre-independence gurdwara. The apex court emphasised that the board should have relinquished its claim once records clearly demonstrated that a gurdwara had been operating on the disputed land since 1948.

The Delhi Waqf Board asserted ownership over this land, contending it fell under the category of waqf properties, which are endowments made by Muslims for religious or charitable purposes under Islamic law, leading to a prolonged legal battle.

The Waqf Board claimed that the property has been used as waqf since time immemorial and was notified in the notification of the Gazette on December 3, 1970, and subsequently corrected by another notification of April 29, 1978, published in the Delhi Gazette on May 18, 1978.

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During the proceedings, the Supreme Court bench noted that the existence and continuous functioning of the gurdwara on the land since 1948 were well established through available records. The judges said that, given this clear historical evidence of a functioning religious institution of another faith, the Delhi Waqf Board ought to have withdrawn its claim rather than pursuing litigation.

The ruling has broader implications for property disputes involving religious institutions and the management of waqf properties. While the principle of “once a waqf, always a waqf” is a fundamental tenet of waqf law, some experts suggest that this judgment indicates such claims must be balanced against verifiable historical facts and the long-standing presence of other religious structures.

The Supreme Court on Wednesday dismissed the Delhi Waqf Board’s claim over land in Shahdara area of the capital, where a gurudwara exists since the time of partition. The court observed that the long-standing presence of the gurdwara justified dismissing the Waqf Board’s claim.

During the hearing today, senior advocate Sanjoy Ghose, appearing for the Board, said the lower courts had held that a mosque was there at the site before the gurudwara came up.

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“Not some kind of. A proper functioning gurudwara. Once there is a Gurudwara let it be. A religious structure is already functioning there. You should yourself relinquish that claim you see,” Justice Satish Chandra Sharma replied, according to a report by Bar and Bench.

As per the Waqf Board, which went to the top court after the Delhi High Court’s order of 2010, the mosque that existed before the gurudwara was “Masjid Takia Babbar Shah”. The suit alleged that the property in question was a waqf property, being used as a waqf since time immemorial.

Fifteen years ago the High Court had admitted to the fact of sale and possession, but also touched on the inability of the defendant to “adduce any document of title to evidence the purchase of this property”. Story continues below Advertisement Remove Ad “Defendant was admittedly in occupation of this property since 1947-48. It is also true that the defendant was not able to adduce any document of title to evidence the purchase of this property, yet this does not in any manner benefit the plaintiff who has to establish his own case and prove it to enable him to obtain a decree of possession,” the High Court had said. Related stories No pensioner should face problems to get dues: Union minister Jitendra Singh

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