Gujarat High Court ends exemption for Waqf trusts from court fees

In a significant verdict, the Gujarat High Court has dismissed nearly 150 petitions filed by various Waqf trusts seeking exemption from payment of court fees, putting an end to the long-held practice of approaching Waqf tribunals without incurring such fees.

The court emphasised that no litigant is above the law, and Waqf bodies will now be treated on par with other religious or charitable trusts regarding court fees.

Advocate GH Virk, representing the state, argued that if Hindu temple trusts, charitable societies, cooperative bodies, or private businesses are required to pay court fees to access justice, Waqf trusts must follow the same rules.

Prominent petitioners included the Sunni Muslim Idgah Masjid Trust, Vadodara Saher Masjid Sabha Trust, and the Sarkhej Roza Committee in Ahmedabad.

These trusts had challenged tribunal directives mandating fees before hearing disputes, which often involved contested rent claims, possession issues, and occupancy rights over properties across Gujarat.

For decades, Waqf managers—from small dargahs to large mosque boards—had operated under the assumption that Waqf-related litigation was exempt from court fees, as the previous Waqf Act did not explicitly mandate them.