- (1.) The issue before the Court turns upon an interpretation of the provisions of Section 52 of the Wakf Act, 1995 (the Act). More specifically, the question which falls for determination is whether a requirement of a hearing is part of the provisions of Section 52(1) of the Act so as to be observed by the Wakf Board when it conducts an inquiry and issues requisitions to the Collector to obtain and deliver possession of wakf property subject to its satisfaction that any immovable property of a wakf entered as such in the register maintained under Section 36 has been transferred without the previous sanction of the Board. The impugned order which has been passed by the Chairperson of the Wakf Board on 9 May 2014 (Annexure-34) admittedly has been passed without a notice or hearing to the petitioner. The submission of the petitioner is that in the course of the inquiry which is conducted by the Board under Section 52(1) of the Act, a hearing to an affected individual is contemplated. On the other hand, the submission which has been urged on behalf of the first and the fifth respondents is that no requirement of a hearing can be read into the provisions of Section 52(1) of the Act and it is only upon a requisition being issued by the Collector for handing over possession of the property that an appeal is provided to the Tribunal in which an opportunity of hearing would be afforded.
(2.) In order to appreciate the rival submissions, it would be appropriate to refer to the provisions of Section 52 of the Act which are as follows:- "52. Recovery of wakf property transferred in contravention of Section 51.--(1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a wakf entered as such in the register of wakf maintained under Section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of Section 51, it may send a requisition to the Collector within whose jurisdiction the property is situated to obtain and deliver possession of the property to it. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order. (3) Every order passed under sub-section (2) shall be served- (a) by giving or tendering the order, or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. (4) Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate and the decision of the Tribunal on such appeal shall be final. (5) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board. (6) In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations." Sub-section (1) of Section 52 empowers the Wakf Board to send a requisition to the Collector within whose jurisdiction the immovable property is situated to obtain and deliver possession of the property to it. The pre-condition for the issuance of a requisition is the satisfaction of the Board that any immovable property of a wakf entered as such in the register of wakfs maintained under Section 36 has been transferred without the previous sanction of the Board in contravention of the provisions of Section 51. The satisfaction of the Board has to be arrived at after the Board makes an inquiry in such manner as is prescribed. The satisfaction has to be two fold: firstly that any immovable property is of a wakf and has been entered in the register of wakfs maintained under Section 36; and secondly that such property has been transferred without the previous sanction of the Board in contravention of the provisions of Section 51. Once an inquiry and recording of satisfaction are contemplated by the statute, the principles of natural justice must necessarily be read into the provisions of sub-section (1) of Section 52.
(3.) It is a well settled principle of law that where an order entails civil consequences, the principles of natural justice must be implicitly read into a statutory provision unless there is a specific exclusion. In the present case, there are several reasons, while interpreting Section 52(1) of the Act, to hold that the principles of natural justice must be observed. Firstly, Section 52 speaks of the satisfaction of the Wakf Board. Secondly, Section 52(1) requires the Board to arrive at its satisfaction after making an inquiry. Thirdly, the satisfaction is not a subjective satisfaction but is a satisfaction which has to be arrived at objectively on two specific aspects namely, (i) whether the property is entered in the register of wakfs as a wakf property, and (ii) whether it has been transferred without the previous sanction of the Board in contravention of the provisions of Section 51. Fourthly, the consequence of the satisfaction being recorded by the Wakf Board under Section 52(1) is that a requisition has to be sent to the Collector to obtain and deliver possession of the property. Upon the receipt of a requisition, sub-section (2) of Section 52 makes it obligatory on the Collector to pass an order directing the person in possession to deliver the property to the Board within thirty days of the service of the order. This follows from the use of the expression "the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board".;