Centre defends Waqf Act in SC, cites 20 lakh acre rise since 2013
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People protesting against the Waqf Amendment Act. (Photo: PTI/Representative Image)
New Delhi: The Centre on Friday informed the Supreme Court that over 20 lakh acres of waqf land were added after the Waqf (Amendment) Act, 2013, came into force, and expressed concerns over the flagged 'misuse' of waqf provisions to encroach upon private and government properties. In a preliminary affidavit filed before a bench headed by Chief Justice Sanjiv Khanna, the government urged the court to dismiss petitions challenging the constitutional validity of the amended law.
Calling the data "really shocking," the Centre stated that the total area under waqf before 2013—including lands from the Mughal era, the pre-independence and post-independence periods—stood at 18,29,163.896 acres. However, in the 11 years following the 2013 amendment, an additional 20,92,072.536 acres were registered as waqf land, representing a 116 percent increase.
According to the affidavit, these figures were voluntarily uploaded by respective waqf boards and waqfs themselves on the Waqf Management System of India (WMSI) portal. The Centre emphasized that the insertion of Section 3B in the amended Act mandated waqfs to upload land details publicly to ensure transparency and regulatory scrutiny. A six-month window was provided for updating waqf data on the portal.
The government stated that this recent surge in waqf land additions was more than the total waqf land registered in the century prior to the amendment. “Even the first legislation in 1913 is considered the initial regulatory measure. Over 100 years, waqf land accounted for 18 lakh acres, but between 2013 and 2024 alone, there was a phenomenal increase of over 20 lakh acres,” the affidavit noted. In total, waqf properties now span 39,21,236.459 acres across the country.
The Centre highlighted this dramatic rise as a cause for serious examination of the statutory framework under the Waqf Act, 1995, especially the amendments made in 2013. It referenced ongoing concerns raised by elected representatives regarding land grabbing and encroachments on private and public properties allegedly under the garb of waqf.
Opposing any "blanket stay" on the amended law, the Centre defended the Waqf (Amendment) Act as a constitutional legislation passed by Parliament and cautioned against what it described as a “mischievous false narrative” surrounding its provisions. It requested the apex court to dismiss the batch of pleas challenging the Act’s validity.
The Supreme Court is scheduled to hear the matter on May 5.
With PTI inputs