‘Needs To Be Dealt With..’, SC On Figures Cited By Govt As Waqf Properties

New Delhi: The Supreme Court on Monday said it would examine figures projected by the government with regard to the waqf properties, which has been disputed by the other side, while hearing a batch of petitions challenging the validity of the Waqf Amendment Act.

The matter was heard by a bench led by Chief Justice of India Sanjiv Khanna and comprising justices Sanjay Kumar and K V Viswanathan.

During the hearing, the bench said, “We have gone through the counter and rejoinder. Yes, some points have been raised on registration and some figures which are disputed by petitioners. It needs to be dealt with….”.

The CJI said this matter has to be heard on any reasonable day and it will not be before me.

Solicitor General Tushar Mehta, representing the Centre, said that he would have tried to pursue the bench as every contention has an answer but he would not embarrass the CJI because there is no time.

The CJI, who is slated to demit office on May 13, said he would not like to reserve judgment in the matter even at the interim stage. The CJI said that the matter would be heard by a bench led by Justice B R Gavai, CJI designate, on May 15.

The Centre, defending the amendments brought to the waqf law, has told the Supreme Court there are several such examples to establish how the ‘waqf by user’ and the power “declaring any land as waqf suo motu by waqf board” has proved to be a safe haven of encroachment of government properties and private properties.

The government, in a 1,332-page preliminary counter affidavit, said that "shockingly" after 2013, there was an addition of over 20 lakh hectares (precisely 20,92,072.536) in waqf land. "Right before even the Mughal era, pre-independence era and post-independence era, the total of waqfs created was 18,29,163.896 acres of land in India," the affidavit said. The affidavit said that there are startling examples whereby the Government lands or even the private lands were declared as waqf properties (in both the cases, obviously, a person making waqf cannot be the owner of the property).

In a rejoinder, the All India Muslim Personal Law Board, has termed the government's figures as misleading and without any basis.

The government said it is really shocking to know that after the amendment brought in the year 2013, there is a 116% rise in the auqaf area. The government stressed that even the first legislation in 1913 is considered, to be the first regulatory measure, 18 lakh acres was occupied by waqf till 2013 i.e. in 100 years, and more if the pre-1913 era also counted.

“Waqf by user provision was also criticized by the stakeholders since it allowed properties belonging to the government to be wrongfully claimed as waqf. As per the data received by the Joint Committee up to 05.09.2024, from 25 out 14 of 32 Cities / UTs waqf boards, a total of 5975 government properties have been declared as waqf properties”, said the affidavit.

The Centre, on April 17, the Centre had assured the apex court that it would neither de-notify waqf properties, including "waqf by user", nor make any appointments to the central waqf council and boards till May 5. A bench led by Chief Justice Sanjiv Khanna is slated to hear the matter on May 5 on the passing of interim orders.