Eviction and Encroachment Jurisdiction Post 2013 Amendment Under Section 54

Prior to the 2013 Amendment, the Waqf Tribunal lacked statutory jurisdiction to entertain eviction proceedings or landlord-tenant disputes in respect of admitted waqf properties, as held in the landmark decision of Ramesh Gobindram. The 2013 Amendment removed the substratum of Ramesh Gobindram solely to the specific extent of empowering the Tribunal to handle the removal of encroachers by inserting Section 3(ee) defining 'encroacher' (including tenants whose leases expired or were terminated) and explicitly incorporating eviction/encroachment powers under Section 54(3) & (4). However, this specific statutory power to dislodge encroachers before the Tribunal is exercisable strictly through the statutory mechanism initiated by the Chief Executive Officer of the Board, either suo motu or upon a complaint. The amendment did not grant general, direct access to the Tribunal for eviction or private injunction suits outside Section 54, nor did it overturn the foundational principle that the Tribunal's overall jurisdiction remains strictly limited to powers expressly conferred by and under the provisions of the Act. (Habib Alladin & Ors. v. Mohammed Ahmed | 2026 INSC 90)