In response to the petitioners challenging the recent amendments to the Waqf bill, the central government informed the Supreme Court that the amendments were introduced due to a “shocking” misuse of Waqf provisions. They observed that these provisions were being exploited to facilitate “rampant encroachments” on private and government properties. This led to a 116% rise in the Waqf lands in a span of 11 years, from 2013 to 2024.
The preliminary reply, which was filed by the Ministry of Minority Affairs on Friday, said that “After the amendment brought in the year 2013, there is a 116% rise in auqaf [assets] area. It is submitted that right before even the Mughal era, pre-Independence and post-independence eras, the total of waqf created was 18,29,163.896 acres of land in India. Shockingly, after 2013, in just 11 years, the addition of waqf land is 20,92,072.536 acres… The figure of 20 lakh acres is additional and not the total figure. The total comes to 39,21,236.459 acres of land”.
A Supreme Court bench, led by Chief Justice of India Sanjiv Khanna, has scheduled the hearing of the petitions for May 5th. Senior advocates Kapil Sibal, A.M. Singhvi, and Anas Tanwir will represent the petitioners, while Solicitor General Tushar Mehta and lead counsel Kanu Agrawal will represent the government.
The three-judge bench on 16th April, took a guarantee from the government that they will not de-notify any of the waqf properties which will include waqf by user ones nor will they make any appointments of non-muslims to the centre or state waqf board.
The center noted that the “phenomenal” increase in waqf property, along with serious complaints about land grabbing, prompted Parliament to address these issues and propose an amendment, reflecting the will of the people.
The government has stated that by removing “waqf-by-user” in the latest amendments will not deny a Muslim of his right to create a waqf.
The centre also stated that “Under the proviso to Section 3[1][r], no trust, deed or any documentary proof has been insisted upon in the amendment or even prior thereto. The only mandatory requirement for being protected under the proviso is that such ‘waqf-by-user’ must be registered as on April 8, 2025”.
