SC questions Waqf institution’s plea for court fees exemption in tribunals

The Supreme Court on Monday questioned the legal basis for exempting waqf institutions from payment of court fees in proceedings before State Waqf Tribunals.

A bench of Justices PS Narasimha and Aravind Kumar made the remarks while hearing a plea against an order of the Gujarat High Court that upheld the rejection of waqf suits for non-payment of court fees by relying on its earlier ruling that Waqf institutions are not exempt from paying court fees before the State Waqf Tribunal.

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

Justice Narasimha, however, questioned Maqbool about 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.

Maqbool responded that 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 petitions filed by waqf institutions challenging the Gujarat State Waqf Tribunal’s orders rejecting proceedings over disputes relating to waqf properties on account of insufficient court fees.

The court held that there is no blanket exemption or waiver available to waqf institutions from payment of court fees for proceedings instituted under Section 83 of the Waqf Act before the Gujarat State Waqf Tribunal.

KThe high court 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 had held that such proceedings involve the adjudication of rights relating to waqf properties, including landlord-tenant disputes, and are conducted in a manner akin to civil suits with written statements, framing of issues, evidence and final adjudication.