Waqf Court Fee Dispute Reaches Supreme Court

The Supreme Court has agreed to hear a plea challenging the rejection of waqf-related proceedings for non-payment of court fees, bringing into question a Gujarat High Court ruling on such payments before the state Waqf Tribunal.

A bench of Justices Manoj Misra and Vijay Bishnoi issued notice on the plea filed by the Ahmedabad Sunni Muslim Waqf Committee and sought a response, with the matter listed for hearing after six weeks.

The committee has challenged a Gujarat High Court order passed in January this year, which relied on the high court’s December 2025 judgment holding that waqf institutions do not enjoy a blanket exemption from court fees in proceedings before the tribunal.

In its plea, filed through advocate Ejaz Maqbool, the committee contended that the Waqf Act and the Rules do not provide for payment of court fees for proceedings before the tribunal. It argued that the absence of such a provision effectively excludes the levy of court fees.

The dispute stems from proceedings concerning waqf properties that were rejected by the Gujarat State Waqf Tribunal over insufficient court fees. The waqf institutions approached the high court, challenging the tribunal’s orders.

In December 2025, the high court dismissed their pleas, ruling that there was no blanket exemption or waiver from court fees for proceedings instituted under Section 83 of the Waqf Act.

The high court also rejected the argument that court fees were not payable because Section 83 proceedings are initiated through an application rather than a plaint or conventional civil suit.

It observed that such proceedings involve adjudication of rights concerning waqf properties, including landlord-tenant disputes, and are conducted similarly to civil litigation. The process can involve written statements, framing of issues, recording of evidence and final adjudication.

The Supreme Court’s decision to issue notice brings the court-fee question before the apex court, with the committee seeking clarity on whether waqf institutions are required to pay such fees in tribunal proceedings under existing legal framework.