J&K High Court: Ziyarat Used by Community Qualifies as Wakaf Status, No Formal Declaration Needed

The Jammu & Kashmir High Court has ruled that a ziyarat or shrine routinely used by the public qualifies as a wakaf by user under Section 3(d)(i) of the J&K Wakafs Act, 1978, even without a formal declaration or gazette notification. 

The Division Bench dismissed a challenge by a shrine committee against the J&K Wakaf Board’s takeover of “Ziyarat  Sharif  Syed  Khazir  Sahib” in Ganderbal District. 

The Court affirmed that public and religious use over time confers a presumptive wakaf character, and the statutory notification process serves only to record, not create, such status.

This ruling came in a case involving claims over shrine land and disputes over its ownership and religious use.