
INTRODUCTION:
The term ‘Waqf’ means the endowment of moveable or immovable property by Muslims for the welfare of the poor and the needy and for maintaining properties dedicated to mosques, tombs, orphanages, shrines, imambaras and the like. It is dedication in the name of God and shall be used as per the wish of the Mansha-e-Wakif (Wish of the dedicator). The exact number of Waqfs in the country is still not available. Still, it is estimated that more than 4.9 lakh registered Waqfs are spread over different States and Union Territories. A large number of them are found in West Bengal, followed by Uttar Pradesh. Several other States with a sizeable number of Waqf are Kerala, Karnataka and Andhra Pradesh. The total area under waqf properties all over India is estimated at about 6 lakh acres, and the market value is approximately more than 1.2 lakh crores. In fact, it is estimated that if Waqf properties are managed and developed professionally ensuring a minimum annual return of 10%, then it would be capable of generating an income of Rs. 12000 crore per annum.
The most crucial challenge Waqf faces today is the encroachment of its property. It is estimated that approximately 40% of all Waqf property has already been illegally occupied. In this background, the Waqf Properties (Eviction of Unauthorised Occupants) Bill, 2014 (WPEUO Bill) was placed, which was the need of the hour. This legislation was having potential to evict illegal occupiers of the Waqf property. Today, this is the most crucial requirement to evict the occupier and restore Waqf’s property if we are really interested in the betterment of Waqf and ensure its benefits reach the masses as per the ‘intention of Waqif’. Astonishingly, it was found that before introducing the current Bill, the present dispensation withdrew the WPEUO Bill.
WAQF PROPERTY AND NEED FOR LEGISLATION TO PROTECT:
Legislative and administrative structures to manage Waqf property have existed since time immemorial. However, despite such a structure in place, the properties of most of Waqfs in the country are mismanaged and misappropriated. The decisions of the State Waqf Boards are often challenged, and several cases are pending either in Waqf Tribunals or other Courts. As a result, Mansha-e-Wakif is totally ignored, and encroachers, including squatters, private businessmen, and vested interests, hold the waqf properties. Even state and central government organisations and institutions have some of the waqf properties. In this dismal scenario, a large number of registered Waqfs, which were meant to uplift the poor and needy Muslims, have not achieved the purpose for which they were created.
As the Waqf properties are, in reality, a public property dedicated in the name of God for khidmate-e-Khalq, the process of removing encroachers should be on priority and with special measures having strong teeth. Highlighting the use of Waqf property for public purposes, the Sachar Committee recommended that the government can declare Waqf property as ‘Public Premises’ and any encroachment on these properties should be treated as encroachment on Government Land, thereby paving the way for removal of encroachment through the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
On the earlier occasion, the Joint Parliamentary Committee was constituted in January 2006 to ascertain the Status of the implementation of the Waqf Act, 1995. They submitted the report on March 4 2008, recommending that all state governments bring Waqf properties under the State Public Premises (Eviction of Unauthorised Occupants) Act to facilitate the removal of encroachments. The Select Committee of Rajya Sabha on the Waqf Amendment Bill, 2010, in its report, recommended that the relevant provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, may be incorporated in the Bill or, alternatively, the State bring legislation of their own to this effect. In fact, the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964, explicitly includes Waqf properties along with the Deity of Shri Shrinathji Temple, the Deity of Shri Sanwaliaji, the Deity of Shri Sanwaliaji among others.
However, the Ministry of Law & Justice advised that it was not legally feasible to include Waqf properties under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. As a result, it was proposed that a “standalone legislation” be proposed to protect Waqf properties from encroachments and alienation.
INTRODUCTION OF WPEUO BILL AND STANDING COMMITTEE REPORT:
It was consistently found that many prime Waqf properties across the country are encroached upon or illegally occupied by state/central government departments or powerful private individuals. In many cases, occupants are either not paying rent or paying an insignificant amount. To address this issue, the WPEUO Bill was introduced in the Rajya Sabha on February 18, 2014, by the then Minister of Minority Affairs, Mr. K. Rahman Khan. The Bill was referred to the Standing Committee on Personnel, Public Grievances, Law, and Justice on March 5, 2014.
During the Committee’s proceedings, the Secretary of the Ministry of Minority Affairs provided evidence, revealing that of the estimated 6 lakh acres of Waqf land, approximately 40% had already been illegally occupied. The Committee also found several mosques under the control of archaeological departments, where Muslims are not permitted to offer prayers. Many of these mosques are being misused — some have turned into cattle sheds, gambling dens, or venues for drinking alcohol due to a lack of government oversight. Even in metropolitan Delhi, there are mosques around which Muslim communities have settled but are unable to access the religious spaces freely.
In response to a question by Shri Palvai Govardhan Reddy on whether the CEO of the Waqf Board would be empowered to evict encroachments, the then Minister of State for Minority Affairs, Shri Mukhtar Abbas Naqvi, confirmed that under the WPEUO Bill, the CEO of the Waqf Board would be given powers equivalent to that of a Magistrate/SDM to evict encroachments.
WITHDRAWAL OF THE WPEUO BILL AND INTRODUCTION OF THE WAQF (AMENDMENT) BILL, 2024:
The Bill did not inspire confidence in the people as it failed to address the issue of encroachment, the main challenge today’s Waqf faces. Surprisingly, along with the introduction of “Unified Waqf Management, Empowerment, Efficiency, and Development (UWMEED)”, the WPEUO Bill was withdrawn on the very day, reflecting a lack of commitment to protecting Waqf properties from encroachment. The Government of India also established the National Waqf Development Corporation (NAWADCO) with an authorised share capital of ₹500 crores and an initial paid-up capital of ₹100 crores to develop and protect Waqf properties. However, no significant steps have been taken to strengthen the system or prevent further encroachment.
The proposed Amendment to Change the Name of the Waqf Act to UWMEED is of no use unless it has the potential to deliver. In recent years, there has been a growing trend of renaming cities, railway stations, and now, legislation. However, changing a name alone does not result in any substantial improvement. Adding terms like “empowerment,” “efficiency,” or “development” will not bring meaningful change unless backed by genuine legislative intent and reform. Changing the name of the Waqf Act is unnecessary and counterproductive. Renaming the legislation will make no difference without substantial reforms to remove encroachments and strengthen Waqf property management. The intent and enforcement of the law, not its title, will ultimately determine its effectiveness.
Astonishingly, the proposed change in the provision, like Section 52A of the Waqf Act to make offences of encroaching waqf property less rigorous, shows a lenient attitude towards perpetrators who looted the Waqf property. Section 52A provides a punishment of rigorous imprisonment of two years for those who alienate or, purchase or take possession of Waqf property without prior sanction of the Board. This is a good provision to address the issue of encroachment. There exists a need to strengthen the law further. On the contrary, the Bill changed from the punishment from rigorous imprisonment to simple imprisonment. Clause (2) of Section 52A declares such offence as Cognizable. Impliedly, in case of violation, an FIR can be registered. The Bill suggested to delete Clause (2), impliedly it going to make such offence non-cognisable. As a result, police cannot take action directly, as they do in serious offences. This is another sign of ill intention of the legislature and goes completely contrary to the suggested name of bringing efficiency. If this Bill has done anything, it shows sympathy and leniency for the encroacher and Waqf property looters.
There are several other provisions which will have a chilling effect on the administration of Waqf property, such as the unjustified power of collector, taking away democratic selection processes, curtailing Waqf Board power, interfering with the right to property of Muslims, interference with religious rights of Muslims; introducing divisive politics to divide Muslim in different sects amongst others.
CONCLUSION:
The Ministry of minority affairs acknowledges before the standing committee that “Many of the waqf properties in the country are in illegal occupation. Unauthorised persons, Central or State Governments, Departments or institutions belonging to the local self Government have occupied these properties. It is estimated that waqf properties worth thousands of rupees have been illegally occupied or unauthorisedly encroached upon.” The confession of the previous government shows why the present government, with zeal to capture Waqf’s property with the instrumentality of laws, is eager to pass the amendment bill. This Bill is nothing but a colourable legislation to appropriate Waqf property through legal instrumentality. In fact, it is apprehended that this Bill is a tool to make an illegal occupation of Waqf property by government or quasi-government bodies as legal. India has seen many instances when legal instruments are used to achieve illegal objects. This Bill also benefits the scrupulous encroachers and land mafia who all encroached on Waqf land.
Thus, it kills the right initiative like the WPEUO Bill by bringing potentially ill-intent legislation in the form of the present Bill, UWMEED.
Prof. (Dr.) Sarfaraz Ahmed Khan is Professor of Law & Former Registrar (Acting), West Bengal National University of Juridical Sciences (WBNUJS)