Waqf Boards claiming properties unrelated to Islamic charities

The Waqf Boards Act, 1995, enacted with the noble intention of managing and protecting waqf properties for religious and charitable purposes, has come under scrutiny for alleged misuse. There have been reports of the Waqf Boards extending their jurisdiction to properties unrelated to Islamic charities, including those belonging to Hindu temples and private owners. This article examines the salient features of the Waqf Act, its mechanisms, case laws, and the rising concerns over its alleged misuse.

Salient Features of the Waqf Boards Act, 1995:

Determining Whether a Property is Waqf

The Waqf Board relies on:

• Historical records and deeds,
• Revenue documents,
• Notifications in the official gazette as prepared under Section 5,
  to determine whether a property qualifies as waqf.
  However, Section 40 gives the Board significant discretion to declare properties as waqf, leading to accusations of overreach.

Allegations of Misuse: Extending Claims to Hindu Temples and Private Properties

Despite its stated purpose, the Waqf Board Act has been accused of being weaponized to claim properties beyond its legitimate scope. The following aspects highlight the alleged misuse:

Frivolous Claims Over Hindu Temples and Properties

1. Claims Over Ancestral Hindu Lands in Latur, Maharashtra
   Over 100 farmers received notices from the Maharashtra Waqf Board, claiming ancestral lands spanning 300 acres. These lands had no historical link to waqf purposes. The farmers have contested the claim in the Waqf Tribunal.
2. Claiming a Tamil Nadu Village, Including a Hindu Temple
   The Tamil Nadu Waqf Board claimed a 1.2-acre plot and an entire village, which included a Hindu temple. This led to unrest, as residents, including Hindus and Muslims, asserted their ownership through valid title deeds.
3. Haveri, Karnataka: Encroachments on Agricultural Lands
   The Karnataka Waqf Board claimed ownership of over 1,500 acres of agricultural lands, leading to protests. These lands were owned by farmers for generations and had no waqf designation.
4. Taj Mahal Ownership Claim
   In 2018, the Sunni Waqf Board claimed ownership of the Taj Mahal. This was rejected by the Archaeological Survey of India, and a court fined the Waqf Board for lack of evidence for misuse of Waqf Board Act.

Delhi: A Case Study in Overreach

1. 123 Government Properties Transferred to Waqf Board
   The central government transferred 123 properties to the Delhi Waqf Board in 2014. However, the Delhi High Court had ruled in 1984 that these properties were not waqf. The dispute continues in court.
2. Sunehri Bagh Masjid
   The Delhi Waqf Board claimed the Sunehri Bagh Masjid, located in a sensitive government zone. The case reflects the balancing act between heritage and urban need

Case Laws Highlighting Misuse

1. Mohd. Ajmal v. Rajasthan Board of Muslim Waqf (AIR 2011 Raj 63)
   The Rajasthan High Court ruled that the mere inclusion of a property in the waqf register or official gazette does not automatically make it waqf property. Evidence of dedication or long-standing use for waqf purposes is mandatory.
2. Haryana Wakf Board v. Shanti Sarup (2008) 8 SCC 671
   The Supreme Court held that failure to notify the occupier or affected party violates the principles of natural justice, rendering the Board’s action invalid.
3. Tamil Nadu Waqf Board v. Subramaniam (2002 (3) MLJ 189)
   The Madras High Court clarified that the Waqf Act does not cover every property listed without conclusive evidence.

Impact of Alleged Misuse

1. Encroachment on Hindu Temples and Private Properties
   • Instances of frivolous claims have eroded public trust in the Waqf Boards.
   • Legal disputes have tied up private owners, farmers, and temples in prolonged battles.
2. Communal Tensions
   • Claims over properties, especially temples, have heightened communal tensions in several regions, including Tamil Nadu and Maharashtra.
3. Economic Ramifications
   • Farmers and landowners have faced economic hardships due to uncertainty over land ownership.
   • Businesses operating on disputed properties face disruptions.

The Need for Reforms

1. Amendments to Waqf Act
   The Waqf (Amendment) Bill, 2024, proposes removing “waqf by user” provisions and strengthening procedural safeguards for affected parties.
2. Judicial Oversight
   Greater judicial scrutiny over Waqf Tribunal decisions can prevent misuse.
3. Transparency in Surveys
   Surveys conducted under Section 4 must involve all stakeholders, including local authorities and affected parties, to ensure impartiality.

While the Waqf Act is a vital tool for preserving Islamic religious and charitable properties, its alleged misuse to claim Hindu temples and private properties raises serious concerns. The legislative framework must be revisited to balance the protection of waqf properties with the safeguarding of individual and communal rights. A transparent, fair, and accountable process is essential to prevent the Act’s misuse and maintain social harmony.