Ziyarat is Wakaf by Usage, Declares J&K High Court , Landmark Ruling No Official Declaration Needed
Srinagar/Ganderbal, June 2025:
In a groundbreaking judgment, the Jammu & Kashmir High Court has held that any religious site (ziyarat) used consistently for spiritual, charitable, or public religious purposes qualifies as “Wakaf by usage”, even in the absence of a formal declaration or government notification. The ruling marks a turning point in Wakaf law enforcement across Jammu & Kashmir, giving broader powers to the J&K Waqf Board to manage religious endowments that have been in public use for decades.
The Court’s decision came in a case concerning the revered Ziyarat Sharif of Hazrat Syed Khazir Sahib (RA) located in Ganderbal. A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed a private land claim and upheld the Waqf Board’s administrative control over the shrine, recognizing it as Wakaf under Section 3(d)(i) of the J&K Wakafs Act, 1978.
Reacting to the court’s ruling, a senior official of the Jammu & Kashmir Waqf Board welcomed the decision, calling it “historic and empowering.”
“We have already been working tirelessly to protect and develop various Wakaf properties across the Union Territory. This judgment gives legal clarity and judicial backing to our mission. The Hon’ble High Court has empowered us to move forward with greater confidence and action,” a Waqf Board spokesperson told Gulistan News.
The Board stated that the court’s validation of Wakaf by usage ensures protection of centuries-old shrines and religious institutions, which had been vulnerable due to lack of formal documentation or previous political inaction.
“This verdict sends a clear message — religious sentiment, public use, and spiritual legacy have legal standing. Our teams will now accelerate developmental works, maintenance, and protection activities without legal ambiguity,” the spokesperson added.
Details of the Legal Dispute
The appellants had challenged the Waqf Board’s control over the shrine, claiming the Board lacked the authority since no official notification had been issued declaring the shrine’s land as Wakaf. They particularly contested ownership over Khasra No. 323, adjacent to the shrine.
However, the Waqf Board countered that:
• The shrine stands on Khasra No. 322, which was notified as Wakaf land in 1985 under SRO 510, and
• The shrine has been in uninterrupted religious use for generations, making it Wakaf by usage as per the Act.
The Court agreed with the Waqf Board and ruled that public religious usage alone is sufficient to categorize a property as Wakaf, even without formal declaration. It clarified that Sections 4 and 6 of the Wakafs Act deal with surveys and lists but do not mandate formal declaration as a precondition for Wakaf status.
Court’s Key Observations
• Ziyarat Sharif Syed Khazir Sahib (RA) qualifies as “Wakaf by user” under Section 3(d)(i) of the Act.
• Religious usage and community faith over time carry legal weight—no government notification is necessary.
• The Board’s administrative control is lawful since Khasra No. 322 is already notified Wakaf land.
• The appeal was dismissed, although petitioners were permitted to pursue civil remedies regarding their claims over Khasra No. 323.
• The shrine’s Wakaf status is final and not subject to dispute in civil proceedings.
Significance of the Verdict
Legal analysts are calling the verdict a watershed moment for Wakaf governance in Jammu & Kashmir, particularly for dozens of historic dargahs, khanqahs, and graveyards lacking formal gazette notifications but known for religious service and community importance.
“The Court has restored the spirit of Islamic endowment law — that Wakaf is about intention (niyyah) and usage, not just paper,” said legal scholar Dr. Shaista Rasool, who specializes in Wakaf jurisprudence.
The ruling also strengthens the Waqf Board’s ability to protect sacred spaces from encroachment, misuse, or private land disputes, and will likely aid in revitalization, tourism, and preservation efforts.
Local Sentiment and Devotional Significance
The Ziyarat Sharif of Hazrat Syed Khazir Sahib (RA) is one of the most respected shrines in Ganderbal district, associated with the spiritual teachings of a prominent Sufi saint. It draws thousands of devotees every year, especially during Urs and special prayers. For the local population, the shrine is not just a place of worship but a symbol of faith, heritage, and communal harmony.
“This is not land, this is legacy. We are glad the court understood that,” said Farooq Ahmad, a community elder from Ganderbal.
Next Steps for the Waqf Board
Following the verdict, the Waqf Board is expected to:
• Enhance infrastructure at key shrines including Syed Khazir Sahib (RA),
• Launch surveys to document other Wakaf-by-usage sites,
• Defend religious land from illegal occupation or encroachment,
• Upgrade facilities for pilgrims and caretakers.
Officials say plans are already underway to establish solar lighting, sanitation units, water supply, fencing, and digital documentation of heritage shrines across the UT.
This historic High Court ruling ensures that places of deep public spiritual trust are protected under the law, regardless of bureaucratic shortcomings or missing documents. With the Jammu & Kashmir Waqf Board now legally fortified to act, the preservation of centuries-old shrines like Syed Khazir Sahib (RA) stands assured — as a legacy of devotion, law, and justice.
