The central government informed the Supreme Court that an amendment was made to the Waqf Act of 1995 in 2013. Prior to this amendment, no claim could be made on unregistered Waqf properties. However, following the amendment, there has been a significant increase in the number of properties under Waqf Boards.
Waqf Board: Recent reports of a massive increase in the number of Waqf properties across India, including those under the Delhi Waqf Board, have caused a stir in the Supreme Court and the media. The central government informed the Supreme Court that Waqf Board properties have multiplied several times between 2013 and 2025. The number of Waqf properties has risen from 207,394 to 872,870. This surge has raised several legal and administrative questions, prompting the government to plan amendments to the Waqf Act of 1995.
Unique Increase in Delhi Waqf Board Properties
The Delhi Waqf Board's situation is unique. In 2013, it possessed only nine properties, totaling 0.03 acres. By 2025, however, the Board owns 1,047 properties covering 28 acres. This dramatic increase exemplifies the rapid growth in Waqf properties.
Similar to the Delhi Waqf Board model, other states have also witnessed remarkable increases in Waqf property numbers. For instance, Jammu and Kashmir had only one property (0.42 acres) in 2013; this number has now increased to 32,533 properties covering 31.4 acres.
Central Government's Statement on the Increase in Waqf Properties
The central government informed the Supreme Court that the 2013 amendment to the Waqf Act of 1995 led to a substantial increase in the number of unregistered properties under Waqf Boards. Previously, claims could not be made on unregistered Waqf properties. The amendment granted Waqf Boards greater authority, resulting in a significant expansion in the area and number of Waqf properties.
The government expressed concern over this increase, stating it raises the possibility of wrongful encroachment on state and government properties. It claims many of these properties lack legal documentation or rulings, with claims based solely on board records. To address this issue, the government announced plans to amend the Waqf Act by 2025.
Expansion of Waqf Properties Across India
The increase in Waqf properties isn't limited to Delhi and Jammu and Kashmir; it's a nationwide trend. For example, Rajasthan saw its Waqf properties increase from 23,126 in 2013 to 30,895 in 12 years. Similarly, Sunni Waqf properties in Uttar Pradesh rose from 12,914 in 2013 to 217,161. Significant increases have also been observed in states like Tamil Nadu, West Bengal, Gujarat, and Andhra Pradesh.
Even remote areas like the Andaman and Nicobar Islands have seen an increase, from 35 properties in 2013 to 151. This expansion indicates the issue is no longer confined to larger states.
Need for Amendment to the Waqf Act
The central government argues that amending the Waqf Act is necessary to prevent the misuse of Waqf properties. It emphasizes that many properties held by Waqf Boards lack legal documentation, with claims based solely on board records. This situation could impact public assets and protected monuments.
The government believes this amendment will promote transparency in Waqf Boards' operations, deterring attempts to wrongfully occupy private and government lands. This step aims to resolve legal disputes and accusations arising from the increase in Waqf properties.
