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may 2023

Supreme Court of India · 2023-05-18

SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE vs STATE OF TAMIL NADU AND ORS.

Citation / case number
SC 2009/36318
Court
Supreme Court of India
Petitioner
SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE
Respondent
STATE OF TAMIL NADU AND ORS.
Author
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
Bench
HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN

Judgment text excerpt

The Supreme Court examined whether the land in Salem, previously used as a burial ground, could be declared as Wakf property. The High Court had set aside the declaration of the land as Wakf, but the Supreme Court considered the historical use and the rights of local settlers. The Court emphasized the importance of historical usage and community rights in determining the nature of the land. The judgment ultimately clarified the legal status of the land concerning Wakf laws and community rights.

SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE vs STATE OF TAMIL NADU AND ORS. · Niyam