Waqf properties are not government assets; they are private donations made by Muslims for the welfare of society.
By Raees Ahmed
Advocate, Delhi High Court
In 1911, when the British government decided to move India’s capital from Calcutta (now Kolkata) to Delhi, they acquired a large portion of land around Raisina Hill, much of which was owned by Muslims. This land was then used to design and build New Delhi under the architectural guidance of Edwin Lutyens. Many of these lands, originally Waqf properties (endowments for religious or charitable purposes in Islam), along with numerous heritage sites belonging to Muslims, were taken over. It is estimated that 70% of Delhi is built on Waqf land. Today, there are over 850,000 Waqf properties across India, covering more than 900,000 acres, all of which were donated by Muslim ancestors for the benefit of society.
The first legal recognition and management of Waqf properties in this context came in 1913 with the Muslim Waqf Validation Act. This was during the construction of New Delhi, in line with Lutyens’ design. Between 1943 and 1945, an agreement was made to return several Waqf properties, including 123 significant sites such as mosques, shrines, khanqahs (spiritual retreats), and graveyards, back to the Muslim community. After India’s independence in 1947, the Waqf Act was passed in 1954, and in 1964, the Central Waqf Council was established under Section 9 of this Act. The Council serves as an advisory body to the central government on the management of Waqf properties.
In 1970, a comprehensive survey identified 123 key Waqf properties in Delhi, which were officially notified in the government gazette. To address the issue of ownership of these properties, former Prime Minister Indira Gandhi established the Syed Muzaffar Hussain Burney Committee in 1974. The committee’s report in 1976 identified 274 Waqf properties and recommended their return to the Muslim community. Based on this recommendation, the Congress government in 1984 decided to hand over these 123 properties to the Delhi Waqf Board for a nominal rent of 1 rupee. However, this decision was met with strong opposition from the Vishwa Hindu Parishad (VHP), leading to a prolonged legal battle that continued until 2011. Meanwhile, the current Waqf Act was passed in 1995.
The concept of Waqf has deep roots in Islamic history, dating back to the time of Prophet Muhammad ﷺ, who established a garden of 600 date palms in Madinah for the benefit of the poor. According to Islamic principles, once a property is dedicated as Waqf, it belongs to Allah and cannot be sold, gifted, or inherited. The benefits of Waqf properties are intended for the welfare of the poor, widows, orphans, and the emancipation of slaves.
Over the years, various legal and governmental actions have continued to affect Waqf properties:
- 1991: The Places of Worship Act and the Religious Committee Notification were enacted by the Delhi government.
- 1995: The new Waqf Act was implemented, aiming to provide a comprehensive framework for managing Waqf properties.
- 2007: The Delhi Master Plan-2021 was put into effect, impacting several Waqf properties.
- 2013: The Waqf Amendment Act was introduced to further refine the management and protection of Waqf properties.
- 2014: The Delhi Waqf Board was finally handed over the 123 properties after they were denotified.
- 2016: Facing renewed opposition from the VHP, the matter was taken to court again. Following this, a One-Man Committee was formed by the central government, which later expanded into a Two-Man Committee in 2018.
- 2023: Under the pretext of preparations for the G20 summit, several mazars (shrines) in New Delhi were demolished. This included the issuance of a demolition notice for Sunehri Bagh Mosque on December 24, 2023, and the demolition of Mama Bhanja Mazar on January 3, 2024.
- August 3, 2024: The Union Cabinet approved amendments to the Waqf Act.
- August 8, 2024: A bill to amend the Waqf Act was introduced in Parliament, where it was referred to a 31-member Joint Parliamentary Committee after strong opposition from several political parties.
Today, 32 different state Waqf boards operate in India, each responsible for the administration and management of Waqf properties within their respective regions. Despite these efforts, the question remains: when will Waqf properties be truly free and returned to their rightful purpose in the 78-year-old independent India?
Unfortunately, Waqf properties continue to be encroached upon by governments, land mafias, and even private individuals. The lack of proper documentation, corruption within Waqf Boards, and political interference have further exacerbated the issue. This has resulted in a significant loss of revenue that could have been used for the welfare of the community, especially in areas such as education, healthcare, and social services.
The Central Waqf Council has estimated that if properly managed, the annual income from Waqf properties across India could be around ₹12,000 crores. However, due to mismanagement, corruption, and encroachments, the actual revenue is far less. The Waqf properties in India, if utilized properly, have the potential to uplift the socio-economic status of Muslims and contribute to the nation’s development.
In many cases, the legal battles over Waqf properties have dragged on for decades, with no resolution in sight. The judiciary has often been slow in addressing these issues, and even when judgments are passed in favor of Waqf Boards, the implementation of these orders is often delayed or ignored. This has led to a situation where many Waqf properties remain under the control of unauthorized occupants, depriving the community of its rightful assets.
Moreover, the politicization of Waqf Boards has also played a significant role in the mismanagement of these properties. Appointments to Waqf Boards are often influenced by political considerations rather than merit, leading to a lack of accountability and transparency in their functioning. This has further alienated the Muslim community, which feels that its religious and charitable assets are being systematically eroded.
The government needs to take immediate steps to ensure the protection and proper management of Waqf properties. This includes updating and digitizing records, removing encroachments, ensuring transparency in the functioning of Waqf Boards, and appointing qualified professionals to manage these assets. Additionally, there should be strict legal provisions to prevent the illegal sale or transfer of Waqf properties.
The plight of Waqf properties in India is not just a legal issue; it is also a social and economic issue. These properties, if managed properly, could provide much-needed resources for the welfare of the Muslim community and contribute to the overall development of the country. It is high time that the government, judiciary, and Waqf Boards work together to resolve this issue and ensure that the Waqf properties fulfill the purpose for which they were originally endowed.
At A Glance: When and What Happened to Waqf Properties in India
- 1911: Decision by the British government to move India’s capital to Delhi.
- 1913: The Muslim Waqf Validation Act was established.
- 1943-45: Return of Waqf properties, including 123 key sites.
- 1954: Implementation of the Waqf Act after independence.
- 1964: Establishment of the Central Waqf Council.
- 1974: Formation of the Burney Committee.
- 1976: Burney Committee submitted its report.
- 1984: Cabinet decision to transfer 123 Waqf properties to the Delhi Waqf Board for a nominal rent; opposition by VHP and legal action.
- 1991: The Places of Worship Act and the Religious Committee Notification by the Delhi government.
- 1995: Implementation of the Waqf Act.
- 2007: Introduction of the Delhi Master Plan-2021.
- 2013: The Waqf Amendment Act came into effect.
- 2014: Transfer of 123 Waqf properties to the Delhi Waqf Board.
- 2016: Renewed opposition by VHP and formation of a One-Man Committee by the central government.
- 2018: Formation of the Two-Man Committee.
- 2023: Demolition of several mazars in New Delhi under the guise of G20 preparations; notice for demolition of Sunehri Bagh Mosque issued on December 24, 2023.
- January 3, 2024: Demolition of Mama Bhanja Mazar.
- August 3, 2024: Cabinet approval for amendments to the Waqf Act.
- August 8, 2024: Bill to amend the Waqf Act introduced in Parliament, referred to a Joint Parliamentary Committee.
In conclusion, while India has made significant progress in many areas since gaining independence in 1947, the issue of Waqf properties remains unresolved. The continued encroachment and mismanagement of these properties are a blot on the nation’s commitment to justice and equality. It is the responsibility of all stakeholders to work towards freeing Waqf properties from illegal occupation and ensuring that they are used for the welfare of society, as intended by the original donors. Only then can we truly say that Waqf properties are free in independent India.
[Raees Ahmed is an advocate at the Delhi High Court and Ex Member Fact Finding Committee, Delhi Minorities Commission. He can be reached at +91 7053737088 or via email at raees.legalaid@gmail.com.]
