Waqf Board Explainer: How much land it owns, its powers

The Waqf (Amendment) Bill, 2024, aimed at amending the Wakf Act, 1995 – a law governing Waqf boards to ensure more accountability and transparency in their functioning and mandatory inclusion of women in these bodies, has drawn the ire of the Muslim community.
Under attack by the opposition parties, it has been referred to a joint parliamentary committee (JPC) for scrutiny after the government got the support of ‘secular’ constituents of NDA — the TDP and JD(U) – in the Lok Sabha.
HT examines the Waqf Amendment Bill, how much property do the Waqf boards own, the litigation and controversy surrounding the boards’ land and properties and their role in the development of India’s Muslim community.ALSO READ: Panel’s head says Waqf draft report ready, Oppn pushes for extension
Waqf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognised by Muslim Law.
As per this act, Waqf is “the permanent dedication of movable or immovable property for the purposes enshrined in Islam as pious, religious, or charitable.”ALSO READ: Winter session to start from Nov 25, Waqf on agenda
Waqf properties are donated by followers of Islam and are managed by members of the community. Each state has a Waqf Board, which is a legal entity that can acquire, hold, and transfer property. Waqf properties cannot be sold or leased permanently.
It controls and manages 9.4 lakh acres of land across 8.7 lakh properties, with an estimated value of ₹1.2 lakh crore. This makes the Waqf Board the third largest landowner in India, after the Indian Railways and the armed forces.
The Bill to amend the Wakf Act, 1995, will make it mandatory for Waqf boards to register their properties with district collectors to ensure their actual valuation. Currently, the majority of the waqf board members are elected, but once the new Bill becomes law, all the members will be nominated by the government.
There is apprehension that this provision will ensure that those in power may have total control of the board. As per the new bill, even a non-Muslim can become the CEO and there is a provision that at least two members should be non-Muslim.
There are 30 Waqf boards in India.
In the main, they are agricultural land, buildings, dargah/mazars and graveyards, Idgahs, Khanqahs, madrasas, mosques, plots, ponds, schools, shops, and various other institutions.
How many Waqf properties are under litigation? According to the government, there are 40, 951 cases lying pending with Waqf tribunals, which are quasi-judicial bodies that resolve disputes related to waqf or waqf property: of these, 9,942 cases filed by the Muslim community against the institutions managing Waqf.
Over the years, the Waqf Board has faced several challenges, including issues related to property management, legal disputes, female representation, and the need for reforms.
Can judgments delivered by tribunals set up by the Waqf Board be challenged in a High Court?
A judgment delivered by a Waqf Board tribunal can be challenged in a High Court. The High Court can confirm, reverse, or modify the Tribunal’s determination.
Waqfs in India are regulated by the Waqf Act, 1995. A survey commissioner lists all properties declared as Waqf by conducting local investigations, summoning witnesses, and requisitioning public documents. The Waqf is managed by a mutawalli, who acts as a supervisor.
The Waqf Board can claim those properties of the followers of Islam, which have been donated for religious work. There is no mention of directly claiming any properties, nor does it say anything about private properties.
The answer is No. Waqf means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable…” It may include such properties that have been donated for religious or social work but are not being used for the stated purpose.