The Supreme Court recently decided to examine the issue whether conducting a preliminary survey of waqf properties as per Section 4 of the Waqf Act, 1995 is necessary before issuing a gazette notification under Section 5 of the said Act declaring a property as waqf.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria is considering this matter. The issue arose in a special leave petition pertaining to certain Waqf properties of the Karnataka Waqf State Board, in which it is alleged that no preliminary survey was conducted as contemplated under Section 4 of the 1995 Act.

The Waqf Tribunal did not go into the issue, though the plaintiff had taken a specific plea that no preliminary survey was conducted before the notification of the property as waqf. The Karnataka High Court

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