- (1.) A Wakf named as Umda Bibi Wakf No. 60 ( the Wakf) Allahabad was created on 6th June, 1885. It has been registered under the different Wakf Acts and is presently registered under the Wakf Act,1995 ( the Wakf Act). This Wakf has two buildings and is situated in the Chowk area of Allahabad . There are 16 shops in it. Most of these shops have been let out to different persons from the time of their predecessors in interest and they have been in possession for more than 50 years. The rent of these shops is very nominal in comparison to other shops of that area. Thus the income of this Waqf is very little with the result that the Mutwalli is not being given proper remunerations. Similar is the case in respect of a large number of other wakfs in the country .
(2.) An Association of Imams filed a case before the Supreme Court for improving their conditions . The decision in this case is reported in All India Imam Organisation v. Union of India, AIR 1993 SC 2086 . The Supreme Court held that it is the duty of different Waqf Boards of the States to harness their resources and to pay the persons who performed the most important and pious duty, namely of leading the community prayer in a mosque. The Supreme court also issued guidelines to frame Scheme in this regard.
(3.) In pursuance of the aforesaid decision of the Supreme Court the U.P. Sunni Central Board of Wakfs (the Board) also issued certain directions on 23.1.1998 for enhancing rent of the wakf properties according to the market rate. In pursuance of this direction a Survey was done and the Survey Commissioner submitted his report on 29.10.99 for enhancing rent of the shops. Subsequently the Mutwalli issued a notice on 18.7.2000 enhancing the rent w.e.f. 1.1.1996 as mentioned in the Survey Commissioner's Report . Later on the date of enhancement of rent was changed to 1.4.2000. Some of the tenants have paid the enhanced rent, but the petitioners have not paid the enhanced rent, though some of them have paid the rent according to the old rate. An audit was done and the auditors submitted their report on 4.2.2000 mentioning therein that the petitioners are not paying the enhanced rent. On the basis of this audit report , recovery certificates had been issued under section 49 of the Wakf Act ,1995, hence the present writ petitions.;