The Supreme Court on Monday 29 December 2025 declined to step into an ongoing property dispute involving the Madarsa-e-Gausia Committee, holding that the matter is already under consideration before the Waqf Tribunal. Sitting as a vacation bench, the court said there was no reason to disturb the Bombay High Court’s refusal to grant interim relief at this stage.
Background of the Case
The dispute arose from a special leave petition filed by the Madarsa-e-Gausia Committee challenging a December 24, 2025 order of the Bombay High Court. The High Court had declined to grant ad-interim injunction in a writ petition linked to the nature and ownership of land bearing Survey No. 679.
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The committee argued that the property in question was religious in character and sought immediate protection against demolition or construction activities. The respondents, including the Apex Grievance Redressal Committee, opposed the plea, pointing out that a civil suit on the same issue was already pending before the Waqf Tribunal.
Court’s Observations
The bench, led by the Chief Justice of India and comprising Justices J.K. Maheshwari and Augustine George Masih, noted that the core issue-whether the property is waqf land-was yet to be decided by the Waqf Tribunal.
“The issue relating to the nature of the property is pending consideration before the Waqf Tribunal,” the bench observed, making it clear that parallel intervention at this stage was unwarranted.
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The judges held that the High Court’s decision to refuse interim relief did not suffer from any legal infirmity. “The view taken by the High Court does not warrant any interference by this Court,” the order recorded.
During the hearing, senior counsel for one of the respondents informed the court that Survey No. 679 had already been demarcated at the request of the petitioners and related parties. The demarcation details, the counsel submitted, were shared with the concerned respondent.
To address concerns raised by the petitioners, the respondent also assured the court that the entire area would be videographed before any dismantling or construction activity begins. The bench took note of this assurance as an added safeguard.
The Supreme Court was careful to clarify that it had not expressed any opinion on the merits of the civil suit pending before the Waqf Tribunal. The order explicitly stated that all questions of fact and law remain open for determination by the appropriate forum.
At the same time, the bench granted liberty to the Madarsa-e-Gausia Committee to approach the Bombay High Court for seeking an expeditious hearing of the pending proceedings before the Waqf Tribunal.
Decision
With these observations and clarifications, the Supreme Court disposed of both special leave petitions. All pending applications connected to the matter were also closed.
Case Title: Madarsa-e-Gausia Committee vs The Apex Grievance Redressal Committee & Others
Case No.: Special Leave Petition (Civil) No. 38642/2025 with SLP (C) No. 38649/2025
Case Type: Civil – Property / Waqf Land Dispute
Decision Date: 29 December 2025
