Major! Govt to identify process to determine Waqf properties under dispute
01 Aug 2023 16:21:36
The Ministry of Minority Affairs is reportedly exploring ways to speed up the resolution of disputes regarding Waqf properties.Earlier this month, the ministry held a meeting with CEOs of Waqf Boards from 20 states to evaluate the performance of these Boards and the Waqf Act of 1995, Indian Express reported citing sources.
There are over 58,000 complaints related to disputes on properties declared as Waqf properties, with 18,426 cases currently pending before Waqf tribunals.Additionally, there are 165 cases related to Waqf disputes currently before the Supreme Court and various high courts across the country.
India has a total of 8.7 lakh Waqf properties, covering an area of 9.4 lakh acres, according to officials.The largest number of these properties are graveyards, followed by agricultural lands, mosques, and shops, according to the Waqf Assets Management System of India.
The sweeping powers to state Waqf Boards to declare a particular property as one of the Waqf has largely contributed to the high number of disputes, according to the ministry officials.The Ministry has reportedly emphasised the need for a proper procedure to identify and determine a property as a Waqf property.
“There are cases in which individuals have been dispossessed of properties after they (properties) were declared a Waqf property,” a source in the ministry was quoted as saying by The Indian Express.
“While there is a system by which these cases are heard, this is done in tribunals, and there are many tribunals in the country that are not operational any longer," the source added.The three-member tribunals for Waqf cases are chosen by the states since Waqf is a state subject.
Initially, the tribunals had a single judicial member, but in 2013, it was expanded to include a land-related expert and an expert on Islamic law. "In our assessment, we found that (most) disputes are related to property," the sources said.
However, the lack of sufficient Islamic scholars in the country to serve as tribunal members has compounded the functionality issues of these tribunals, they added.
The existing system does not provide any provisions for individuals "affected by identification of a property as Waqf", as per the officials.
Once a property is declared as Waqf, it can only be contested in a tribunal.However, the tribunals lack the power to grant stays and there is no specified timeline for the disposal of such cases.
“There is also the matter that the decision of the tribunal is final, and there is no provision for appeal, except under writ jurisdiction in a high court,” a source said.
“The fact that a Waqf board can declare an individual’s property as Waqf’s makes it problematic, as the process in which this declaration can be contested is very weak. This is why the number of disputes is so high," the source added.
The ministry is currently focusing on two contentious issues.The first is the concept of 'Waqf by User', where a plot of land or building, or a portion of it, can be declared Waqf by User if it is used for religious purposes, even if the owner has not granted it as a Waqf property.
The ministry officials noted that no other country utilises this provision.
The second issue being examined is Waqf-alal-aulad, which refers to a waqf created for the family or children of Wakifs and is used as a means of succession.