What are some instances of non-Muslim or disputed properties being declared as Waqf?
Over the years, several disputes have arisen in different parts of India where government land, public property, or privately owned non-Muslim properties have been claimed as Waqf property. Many of these claims have resulted in court cases, administrative inquiries, or public protests. Some important examples are discussed below.
1. Government Properties under Waqf Claims
According to data available up to September 2024, records from 25 State and Union Territory Waqf Boards showed that approximately 5,973 government properties had been recorded or claimed as Waqf properties.
The Ministry of Housing and Urban Affairs (MoHUA) also reported that:
- 108 properties managed by the Land and Development Office (L&DO),
- 130 properties under the Delhi Development Authority (DDA), and
- 123 other public properties
were claimed as Waqf properties, leading to legal disputes and litigation.
2. Karnataka Waqf Disputes
Karnataka has witnessed several controversies related to Waqf properties.
- In 1975 and 2020, around 40 properties were notified as Waqf, including agricultural land, government land, public spaces, graveyards, lakes, and some temples.
- In 2024, farmers in Vijayapura district protested after nearly 15,000 acres of land were recorded as Waqf property.
- Similar disputes were also reported in Ballari, Chitradurga, Yadgir, and Dharwad districts. The State Government later assured that no farmers would be evicted while the disputes were being examined.
3. Punjab – Education Department Land
The Punjab Waqf Board claimed ownership over land belonging to the Education Department in Patiala. The ownership of the land became the subject of legal and administrative proceedings.
4. Tamil Nadu – Thiruchenthurai Village
In Thiruchenthurai village, Tamil Nadu, a farmer reportedly could not sell his ancestral land because the Waqf Board claimed ownership over the entire village.
Since a No Objection Certificate (NOC) from the Waqf Board was reportedly required for registration, the farmer was unable to sell the land to repay a loan taken for his daughter’s wedding.
5. Bihar – Govindpur Village
In August 2024, the Bihar Sunni Waqf Board claimed ownership over land in Govindpur village.
The claim affected seven families, who challenged it before the Patna High Court. The matter is sub judice, meaning the case is still pending before the court.
6. Kerala – Ernakulam District
In September 2024, around 600 Christian families in Ernakulam district challenged the Waqf Board’s claim over land that they considered their ancestral property.
The affected families submitted their grievances before the Joint Parliamentary Committee (JPC) and requested intervention.
7. Uttar Pradesh – Allegations of Mismanagement
In Uttar Pradesh, various complaints have been made against the State Waqf Board regarding alleged corruption, irregularities, and poor management of Waqf properties. These allegations have contributed to the wider debate on the need for reforms in Waqf administration.
Conclusion
These examples show that disputes over Waqf property claims have occurred in several States, involving government land, private properties, agricultural land, and properties owned by non-Muslim individuals or institutions. However, it is important to note that many of these claims are disputed and remain pending before courts or other authorities. Their final legal status depends on the outcome of judicial or administrative proceedings.
What are the Issues Associated with the Waqf Board?
The Waqf Board has faced several legal, administrative, and constitutional challenges over the years. These issues have led to disputes regarding the management, ownership, and regulation of Waqf properties across the country. Some of the major concerns are explained below.
1. Irrevocable Nature of Waqf Properties
Under the traditional principle of “Once a Waqf, always a Waqf,” a property dedicated as Waqf permanently retains its Waqf status and generally cannot be converted back into private property.
While this principle protects Waqf assets from misuse, it has also led to complex ownership disputes. For example, claims over the Bet Dwarka islands in Gujarat created prolonged legal controversies, with courts observing that determining ownership in such cases can be difficult and legally complicated.
2. Legal Disputes and Poor Management
Despite the enactment of the Waqf Act, 1995 and the 2013 amendments, several administrative problems continue to affect Waqf management.
Some of the major issues include:
- Illegal encroachment on Waqf properties.
- Mismanagement of Waqf assets by authorities or caretakers.
- Frequent disputes over ownership and boundaries of Waqf land.
- Delays in the registration and survey of Waqf properties.
- A large number of court cases and complaints pending before the Ministry and other authorities.
These challenges have reduced the effectiveness of Waqf administration and delayed the proper utilization of Waqf properties for charitable purposes.
3. Limited Judicial Oversight
Under the earlier provisions of the Waqf Act, decisions of the Waqf Tribunal had limited scope for challenge before higher courts.
Critics argued that this restricted judicial review reduced transparency and accountability, as parties affected by Tribunal decisions had limited legal remedies. This concern was one of the reasons behind the demand for reforms in the Waqf law.
4. Incomplete Survey of Waqf Properties
The identification and survey of Waqf properties have progressed slowly in many States.
Several problems have been reported, such as:
- Delays in completing surveys by Survey Commissioners.
- In some States, including Gujarat and Uttarakhand, surveys had not started for a long time.
- In Uttar Pradesh, a survey ordered in 2014 remained incomplete for several years.
- Lack of trained staff, technical expertise, and poor coordination with Revenue Departments further slowed the process.
As a result, many Waqf properties remain unrecorded or disputed.
5. Alleged Misuse of Waqf Laws
Another major concern is the alleged misuse of certain provisions of the Waqf Act by some State Waqf Boards.
In particular, Section 40 of the Waqf Act, 1995 empowered the Waqf Board to determine whether a property was Waqf property after conducting an inquiry. Critics alleged that this power was sometimes used to claim private or government properties as Waqf, resulting in legal disputes and public controversy.
According to information available from 8 out of 30 States and Union Territories, around 515 properties had been declared as Waqf under Section 40. This led to demands for greater checks and safeguards, which eventually resulted in the deletion of Section 40 by the Waqf (Amendment) Act, 2025.
6. Constitutional Validity of the Waqf Act
The constitutional validity of the Waqf Act has also been questioned.
Some critics argue that the Act provides a separate legal framework exclusively for Waqf properties belonging to the Muslim community, while no comparable law exists for the religious endowments of other communities. They contend that this raises questions regarding equality before the law under the Constitution.
A Public Interest Litigation (PIL) has been filed before the Delhi High Court challenging the constitutional validity of certain provisions of the Waqf Act. The Court has sought a response from the Central Government, and the matter remains under judicial consideration.
Conclusion
The major issues concerning the Waqf Board include the permanent nature of Waqf properties, management inefficiencies, delays in surveys and registration, alleged misuse of statutory powers, limited judicial oversight, and constitutional challenges. These concerns have contributed to the demand for reforms, many of which are reflected in the Waqf (Amendment) Act, 2025, although the amendments themselves continue to be debated.
How is the Waqf (Amendment) Act, 2025 expected to benefit the poor?
The Waqf (Amendment) Act, 2025 aims to improve the management of Waqf properties so that their income is used more effectively for charitable and social welfare purposes. Since Waqf properties are meant to support the needy, better administration is expected to increase the benefits available to economically weaker sections of society.
1. Greater Transparency through Digitization
One of the major reforms introduced by the Act is the use of digital technology for managing Waqf properties.
- A centralized digital portal will maintain records of Waqf properties across the country.
- Digital records will make it easier to identify, register, monitor, and manage Waqf assets.
- The use of technology will reduce errors, improve transparency, and make property information more accessible.
- Proper auditing and accounting systems will help ensure that Waqf funds are used only for their intended charitable purposes and reduce the chances of financial mismanagement.
2. Better Utilization of Waqf Income
The Act seeks to prevent illegal encroachments, misuse, and poor management of Waqf properties.
- Protecting Waqf assets can increase the income generated from these properties.
- Higher revenue will enable Waqf Boards to spend more on welfare and development activities.
- Increased funds can be used to support healthcare services, educational institutions, scholarships, housing assistance, and livelihood programs for poor and disadvantaged people.
3. Improved Financial Accountability
The Act also strengthens the financial management of Waqf institutions.
- Regular audits and inspections will help ensure that Waqf funds are managed responsibly.
- Better financial oversight will reduce corruption and misuse of charitable resources.
- Transparent administration is expected to increase public trust in Waqf institutions and ensure that the benefits of Waqf reach the intended beneficiaries.
Conclusion
The Waqf (Amendment) Act, 2025 aims to make Waqf administration more transparent, accountable, and efficient. By introducing digital record-keeping, improving financial oversight, and protecting Waqf properties from misuse, the Act seeks to increase the resources available for education, healthcare, housing, and other welfare programs, thereby improving the lives of poor and economically weaker sections of society.