‘Classic Case’: Allahabad HC Raps Waqf Madrassa for Encroaching On National Highway Land

Last Updated:May 30, 2025, 15:27 IST

“It is a classic case where the land of NHAI has been encroached upon and Madrassa along with Masjid and certain other constructions have been raised,” the court noted

A bench of Justice Rohit Ranjan Agarwal observed that the madrassa, which claimed to operate a mosque and provide education to underprivileged children on the premises, had failed to provide any evidence that the land in question was a registered waqf property.

The Allahabad High Court recently criticised Waqf Madrassa Qasimul Uloom for illegally constructing on and claiming ownership of a portion of land belonging to National Highway No. 73, dismissing its plea to restrain authorities from demolition.

A bench of Justice Rohit Ranjan Agarwal observed that the madrassa, which claimed to operate a mosque and provide education to underprivileged children on the premises, had failed to provide any evidence that the land in question was a registered waqf property.

“It is a classic case where the land of NHAI has been encroached upon by the plaintiff and Madrassa along with Masjid and certain other constructions have been raised and the property is being claimed to be a ‘waqf’," the court noted.

In 2011, the Waqf Madrassa Qasimul Uloom (the petitioner) filed a suit seeking an injunction against the State and police authorities from dismantling structures allegedly part of the religious institution. Among the constructions was a police outpost, which had become defunct and locked up. The madrassa claimed it had leased the space to the police for a meagre rent of Rs. 34 per month.

However, the state contended that it discovered only in 2014 – through letters from the Public Works Department and the National Highway Authority of India – that the site stood on national highway land and was obstructing proposed road widening under the National Highways Development Programme, Phase IV-B.

Following this, the state sought to amend its earlier defence to reflect the discovery, prompting the petitioner to approach the high court, arguing that such an amendment would amount to withdrawing prior admissions.

Rejecting this argument, the court held that the amendment was based on subsequent revelations and did not constitute a new defence. “The defendants had been paying rent of Rs 34/- per month for a long time unknowingly, accepting the fact that the structure standing therein was the property of the plaintiff. Once it was revealed that the constructions were unauthorised, standing over the land of National Highway 73, the amendment was sought," the court remarked.

The court also underscored the statutory prerequisites for a valid waqf, noting that the petitioner had neither registered the property under the Waqf Act, 1995, nor provided a waqf deed or survey listing to substantiate its claim.

“The plaintiff made construction over the land of National Highways and had let out the structure to different persons and was realising the rent treating it to be property of waqf Madarsa. It cannot be said to be a case of ‘waqf by user’ as the owner of the property in dispute is the National Highway Authority of India, which is under the control of the Central Government, Ministry of Road Transport and Highways," the court stated emphatically.

Therefore, the writ petition was dismissed, upholding the decisions of both the trial and revisional courts that had earlier permitted the State’s amended defence.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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