SC Questions Court Fee Exemption for Waqf Bodies

 New Delhi: The Supreme Court on Monday questioned the legal basis for exempting waqf institutions from paying court fees in proceedings before state waqf tribunals.

A two-judge bench of Justices P.S. Narasimha and Aravind Kumar made the remarks while hearing a plea against a Gujarat High Court order that upheld the rejection of waqf-related proceedings for non-payment of court fees.

Advocate Ejaz Maqbool, appearing for the petitioners, sought time to file additional documents challenging the Gujarat High Court’s December 2025 decision.

Justice Narasimha questioned the basis of the claim for exemption from court fees. “How can there be an exemption? What is the law that allows you to seek an exemption from court fees?” he asked.

Counsel said the petitioners would address the issue in detail and urged the court to defer the hearing to August 7.

On December 17, 2025, the Gujarat High Court dismissed a batch of pleas filed by waqf institutions challenging orders of the Gujarat State Waqf Tribunal, which had rejected proceedings relating to waqf property disputes on account of insufficient court fees.

The High Court held that there was no blanket exemption or waiver for waqf institutions from paying court fees for proceedings instituted under Section 83 of the Waqf Act before the Gujarat State Waqf Tribunal.

It rejected the contention that court fees were not payable because proceedings under Section 83 are initiated through an application rather than a plaint or suit.

The High Court held that such proceedings involve adjudication of rights relating to waqf properties, including landlord-tenant disputes, and are conducted like civil suits, with written statements, framing of issues and final adjudication.