Waqf-by-user denotification would be ‘huge problem’, says Supreme Court

NEW DELHI: The Supreme Court on Wednesday questioned provisions of the Waqf (Amendment) Act, 2025, which de-recognised the “established” waqf-by-user category of property, allowed non-Muslims into waqf administrative bodies and granted the state power to determine if a property was waqf or government.

The two-hour hearing of around 100 petitions in a packed courtroom saw Chief Justice of India Sanjiv Khanna, heading a three-judge Bench, refer to the communal violence in West Bengal over the 2025 Act as “very disturbing”.

During the hearing, the Chief Justice went on to propose a three-point interim order to “balance equities” on all sides in the case.

Firstly, he suggested that properties already declared waqf by courts need not, for the time being, be de-notified or treated as non-waqf properties. These would include properties categorised as ‘waqf-by-user’ or waqf by long usage without formal documentation or registration, waqf by declaration or “otherwise”.

Secondly, the CJI mooted that the designated government officer could continue to look into whether a property was waqf or government, but a connected proviso freezing the use of the property in the meanwhile as waqf could be stayed.

Thirdly, the Chief Justice mulled giving the go-ahead to the appointment of non-Muslims as ex-officio members in the Central Waqf Council and Waqf Boards, provided the other members were Muslims.

The Chief Justice said the court would not normally intervene with legislation passed by the Parliament, but there were exceptions. The CJI voiced concern that denotification of waqf-by-user properties would lead to a “huge problem”.