New Delhi, April 16:
The Supreme Court on Tuesday raised concerns over the Centre’s move to disallow “waqf by user” under the newly passed Waqf (Amendment) Act, 2025, highlighting the challenges it could pose for communities lacking formal documentation of such properties.
A Bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan questioned Solicitor General Tushar Mehta, who appeared on behalf of the Centre, about the feasibility of registering waqf properties that have historically been recognized based on continued public use rather than official records.
“How will such waqfs be registered? What documents will the users have? This could lead to undoing long-standing waqfs,” the Bench observed, acknowledging that while there may be instances of misuse, many waqfs established by user are genuine. The Chief Justice also noted that even the Privy Council had recognized the concept of waqf by user, asserting that legislative action cannot override or nullify judicial decisions. “You can only change the basis of a judgment, not declare it void,” the court remarked.
While the court refrained from passing an interim order, it suggested that properties already declared as waqf by a court—regardless of whether they fall under the category of waqf by user—should not be denotified or treated as non-waqf.
The matter pertains to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Supreme Court is set to continue hearing the case on April 17 at 2 p.m.
The contentious legislation was passed in the Lok Sabha on April 3, 2025, with 288 members voting in favour and 232 against, followed by its approval in the Rajya Sabha on April 4 with 128 votes supporting and 95 opposing.
