A Bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy struck down the provisions that enabled the Tamil Nadu Wakf Board Chief Executive Officer to order the eviction of encroachers.
“Parliament wanted to provide effective mechanisms with respect to recovery of possession … The Central Act is thus made as an exhaustive code on the subject. Therefore, the state enactment is repugnant to the Waqf Act of 1995,” the Bench observed.
The amendment had been passed as having to be read with the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act of 1976.
Source: Barandbench
