Figures cited by Govt as Waqf properties have to be dealt with: SC posts matter for hearing on May 15

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

New Delhi: The Supreme Court on Monday said the challenge to the Waqf Amendment Act, 2025, would be considered by a new bench led by CJI-designate Justice B R Gavai on May 15.

It, however, said the figures with regard to the waqf properties projected by the government at 3921236.459 acres of land in the country, which has been disputed by the other side, would be considered by the apex court.

A bench led by Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K V Vishwanathan acknowledged the contentious issue, taking up a batch of petitions related to the validity of the Waqf Amendment Act.

The CJI, who is demitting office on superannuation on May 13, however, said he would not like to reserve judgment in the matter even at the interim stage, so the matter would be heard by a bench led by Justice Gavai, the CJI designate, on May 15.

"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 bench said at the outset.

The CJI, further, said, this matter has to be heard on any reasonable day.

"It will not be before me. We will post it before the bench of Justice Gavai," the CJI said.

Solicitor General Tushar Mehta for the Centre 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.

Defending the Waqf Amendment Act, the government, in an affidavit, had said there have been reported misuses of waqf provisions to encroach on private properties and government properties.

"It is really shocking to know that after the amendment brought in the year 2013, there is a 116% rise in the auqaf area. Right before even Mughal era, pre-independence era and post-independence era, the total of wakfs created was 18,29,163.896 acres of land in India. Shockingly, after 2013, the addition of wakf land is 20,92,072.536 acres," it had said.

In other words, even the first legislation in 1913 is considered to be the first regulatory measure; 18 lakh acres were occupied by waqf till 2013, i.e. in 100 years, and more if the pre-1913 era is also counted. Only between 2013-2024, a phenomenal increase is found, and the figure of 20 lakh acres is additional and not the total figure. The total comes to 3921236.459 acres of land. The increase in waqf properties by 116% itself called for a serious look at the statutory architecture of the 1995 Act, it had added.

In a rejoinder, the All India Muslim Personal Law Board, an NGO which challenged the law, termed the government's figures as misleading and without any basis.

On April 17, acting on a batch of petitions, the Supreme Court directed the Union government to ensure that no appointment to the Central Waqf Council and State Waqf board would be made, and the waqf properties declared or registered as waqf by users would not be denotified till May 5, 2025.