Centre Tells Supreme Court Waqf Act Amendments Aim To Stop Land Encroachment

The Centre told the Supreme Court that it amended the Waqf Act, 1995, to stop the misuse of waqf laws that allowed illegal occupation of government and private land.

It said the changes also aim to ensure the transparent and effective functioning of Waqf Boards across India.

The Union Ministry of Minority Affairs filed a preliminary affidavit stating that misuse of waqf provisions led to widespread encroachment.

“It is really shocking to know that after the 2013 amendment, the auqaf area increased by 116 per cent,” the Centre said.

The Centre reported that most Waqf Boards have failed to function transparently.

Many boards either did not upload information online or only uploaded partial details.

“In an era of transparency, all details related to waqf and Waqf Boards must be available on the Waqf Asset Management System of India (WAMPSI) portal,” the affidavit said.

New Rules Target Illegal Waqf Claims

The Centre said the earlier legal regime allowed government and private land to be declared as waqf due to weak safeguards.

It said the new Sections 3A, 3B, and 3C of the Act address this long-standing issue.

The Waqf (Amendment) Act, 2025, aims to modernise waqf property management.

The Centre said it introduced the reforms to improve administration, record-keeping, and governance, without interfering with any religious practice.

The Centre noted that even with mandatory registration, people claimed land under ‘waqf by user’ without providing waqf deeds.

These actions, it said, violated the property rights of citizens and affected public land.

“Although registration was mandatory, the law never required a waqf deed. ‘Waqf by user’ was allowed even without a deed for over a hundred years,” the government said.

Amendments Introduce Deed Requirement For New Waqfs

The Centre explained that Section 36(1A), introduced through the 2025 amendment, now requires a valid waqf deed for creating new waqfs. It clarified that the change does not affect waqfs already registered under the earlier law.

A new proviso in Section 3 applies the deed requirement only to waqfs created after 8 April 2025.

“Waqfs by users registered earlier will continue to be recognised,” the affidavit said.

The Centre said it conducted detailed reviews at executive and parliamentary levels before passing the amendment.

It argued that the reforms do not interfere with the right to religious dedication or with the administration of existing waqfs.

The government asserted that constitutional courts should not stay laws during interim hearings.

“Parliament’s laws enjoy a presumption of constitutionality, and courts must maintain a balance between State branches,” the Centre said.

On 17 April, a Bench led by CJI Sanjiv Khanna granted the Centre, state governments, and Waqf Boards one week to respond to the petitions challenging the new law.

The Bench, also comprising Justices Sanjay Kumar and KV Viswanathan, recorded the Centre’s assurance that it would not de-notify existing waqf by user provisions or appoint non-Muslims to Waqf Boards.

The court will hold the next preliminary hearing on 5 May and may issue interim orders if needed.

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