Supreme Court Partially Stays amended Waqf Act, Cites potential for Misuse of Government Land
New Delhi – The Supreme Court of India has stayed two key provisions of the amended Waqf act, raising concerns over potential encroachment on government lands and misuse of waqf properties.The court’s interim order, delivered today, impacts provisions related to registration requirements and the authority of District Collectors to alter revenue records.
The dispute centers around amendments to the Waqf Act intended to streamline registration and address ancient issues with undocumented waqfs. However, the court found that requiring a copy of the waqf deed for registration – a change from the 1995 Act which allowed applications with “full particulars” even without a deed – was not prima facie arbitrary, notably given a 30-year period where Mutawallis (waqf administrators) could have applied for registration under the previous rules.
“Under the (1995) Original Waqf Act, it was provided that if no such deed has been executed or a copy thereof cannot be obtained, the application could have been made by giving full particulars as far as they are known to the applicant regarding the origin, nature and objects of the waqf,” the court stated. ”We are, thus, of the view that if for 30 long years, the mutawallis had chosen not to make an application for registration, they cannot be heard to say that the provision which now requires the application to be accompanied by a copy of the waqf deed is arbitrary.”
The court also noted that the legislature’s move to require a deed could be justified by a need to curb misuse of waqf properties.”Further, if the legislature, on noticing misuse of the waqf properties, finds that after the enactment of the impugned Act all such applications should be accompanied by a copy of the waqf deed, the same cannot be said to be arbitrary,” the ruling read.
However, the court did stay provisions allowing District Collectors to directly order corrections to revenue records following an inquiry, and those enabling the State Government to direct the Waqf Board to make such corrections.
To protect government assets,the court issued an order preventing Mutawallis from creating third-party rights on properties subject to proceedings under the amended Act,pending final adjudication by a designated Tribunal. The court also acknowledged the Act’s provision for a six-month registration period for waqfs by user, stating ”an ample amount of time has been given for the waqfs which are not registered to get themselves registered,” and that applications could still be filed even after that period.
The case highlights the ongoing complexities surrounding waqf properties in India, which have a history dating back to 1923 with requirements for registration. The court’s decision reflects a balancing act between recognizing the rights of waqf administrators and safeguarding public land from potential encroachment.
