The Supreme Court has taken serious note of the controversial practice known as "waqf by user", where a piece of land is declared waqf based on its usage by the Muslim community—such as offering prayers or community activities—without formal legal ownership or documentation. The apex court flagged this method as potentially legally ambiguous and open to misuse.
The issue came up during the hearing of a petition challenging how certain lands were being categorized as waqf properties without formal records of ownership, sale, or transfer. The petitioner argued that declaring land as waqf based merely on community usage amounts to land encroachment and violates property rights.
A bench led by Justice Sanjay Kishan Kaul asked the Central Waqf Council to explain the basis of such declarations and sought detailed records about how many properties across the country are listed under "waqf by user." The court expressed concern over the lack of transparency and called for a clearer legal framework to regulate and validate such claims.
The concept of waqf in Islamic law refers to the permanent dedication of property for religious or charitable purposes. Usually, such waqf properties are registered with Waqf Boards under formal declarations by individuals who legally own the property. However, in the case of "waqf by user," the status is claimed without ownership, solely due to long-term community usage.
Legal experts point out that such a practice can lead to disputes, particularly when private landowners or government entities are unaware that their land has been unofficially declared waqf. Some state waqf boards reportedly maintain lists of waqf properties that include "user-based" entries, which now face legal scrutiny.
The Supreme Court observed that “religious usage alone cannot override property law” and emphasized the need for due process, proper records, and registration to determine land status. It also directed the Central Waqf Council to compile and submit a report on how many waqf properties fall under this classification and whether state waqf boards follow uniform standards for identifying such lands.
The case has broader implications for property rights, religious freedom, and land governance in India. With thousands of waqf properties across the country, the verdict may bring significant changes in how waqf lands are documented and contested in courts.
The matter has been posted for further hearing, and the Centre is expected to respond to the court’s concerns in the coming weeks.
