Abolition Of ‘Waqf By User’ Is Not Arbitrary Prima Facie: Supreme Court

“Waqf by user” is an idea that identified a home as waqf not with an official commitment act however with long, regular public use the home for a spiritual or pious objective.

The 2025 modification erased Section 3( r)( i) of the initial Waqf Act of 1995, which had actually identified the principle of “Waqf by user.” The petitioners that tested the modification competed that the removal of this arrangement would prejudicially impact a number of olden Waqf residential properties, which do not have any kind of official act of enrollment.

The Supreme Court nevertheless kept in mind that right from the Waqf Act of 1923, there was a need of enrollment ofWaqfs So if the Waqfs were not signed up for 102 years, they can not increase any kind of greivance currently.

A bench consisting of Chief Justice of India BR Gavai and Justice AG Masih observed in the judgment passed today:

“We are, therefore, of the view that if Mutawallis for a period of 102 years could not get the waqf registered, as required under the earlier provisions, they cannot claim that they be allowed to continue with the waqf even if they are not registered.”

As pertains to the opinion elevated by the petitioners that lots of old Waqfs will certainly not have any kind of acts offered currently, the Court observed that under the initial Waqf Act, duplicate of the waqf act was not compulsory for submitting an application for enrollment. If no initial act was offered, application can have been made by offering complete details regarding they are recognized to the candidate when it come to the beginning, nature and things of theWaqf

“We are, therefore, of the view that if for 30 long years, the Mutawallis had chosen not to make an application for registration, they cannot be heard to say that the provision which now requires the application to be accompanied by a copy of the waqf deed is arbitrary. Further, if the legislature, on noticing misuse of the waqf properties, finds that after the enactment of the impugned Act all such applications should be accompanied by a copy of the waqf deed, the same cannot be said to be arbitrary,” the Court observed.

The Court even more observed, “if the legislature, in 2025, finds that on account of the concept of “Waqf by User”, huge government properties have been encroached upon and to stop the said menace, it takes steps for deletion of the said provision, the said amendment, prima facie, cannot be said to be arbitrary.”

It was likewise kept in mind that in case State of Andhra Pradesh v. Andhra Pradesh Waqf Board, the State Waqf Board’s alert alerting federal government lands as Waqfs was subdued by theSupreme Court

“After noticing such instances of misuse, if the legislature finds that the concept of “Waqf by User” has to be abolished and that too prospectively, in our view, the same cannot prima facie be said to be arbitrary. In any case, as submitted by the learned Solicitor General, the deletion of clause (i) of Section 3(r) of the Original Waqf Act would come into effect from the date on which the impugned Act has come into effect. The said provision would, therefore, not apply retrospectively. Therefore, the contention of the petitioners that the lands vested in the waqfs would be grabbed by the Government prima facie holds no water,” the judgment authored by CJI Gavai observed.

No disturbance with Registration required

The Court likewise rejected to remain the changes to Section 36 of the initial Act which mandate the enrollment of every Waqf and suggest that after the implementation of the 2025 Amendment, no Waqf will be developed without implementation of a Waqf act.

“The requirement of registration has not come for the first time in 2025. Right from 1923, the said requirement has been consistently found in all the enactments concerning the waqf properties,” the Court stated.

The Court likewise stated that enough time of 6 months has actually been provided for enrollment.

” sub-section (10) of Section 36 of the Amended Waqf Act itself supplies a duration of 6 months from the beginning of the impugnedAct As such, we are of the thought about sight that an adequate quantity of time has actually been offered for the waqfs which are not signed up to obtain themselves signed up.

Apart from that, the clause to sub-section (10) of Section 36 of the Amended Waqf Act supplies that an application might be captivated by the court using such a fit etc., after the duration of 6 months defined under the stated sub-section if the candidate defines enough reason. We are, consequently, of the prima facie sight that such a stipulation can not be held to be arbitrary or prejudiced.”

For information concerning various other stipulations which have actually been remained, check out – Supreme Court Stays Certain Provisions Of Waqf Amendment Act 2025; No Interference With Registration Requirement