WAQF Act was initially passed in 1954 but was later replaced by a new version in 1995, granting more powers to Waqf Boards.
- In 2013, further amendments to the Act gave Waqf Boards extensive powers to acquire properties without legal challenge.
- In 2014, the Congress party transferred 123 prime properties in Delhi to the Delhi Waqf Board using this law, resulting in the loss of land for Hindus.
- The Waqf Board now has the authority to claim properties in the name of Muslim charity.
- The Act originally stemmed from property disputes between Hindus who migrated from Pakistan and Muslims who left India during partition.
- Currently, there are over 8,54,509 properties under Waqf Boards, covering more than eight lakh acres of land.
- The Waqf Board has significantly expanded its property holdings over the years, even though the overall land in the country remains the same.
- The Board often considers land surrounding cemeteries and illegal shrines as its property, leading to encroachments.
- Section 3 of the Waqf Act, 1995 allows the Board to claim land based solely on its “thinking” without requiring any proof.
- If the Board claims a property, the owner cannot go to court but must approach the Waqf Tribunal Court.
- Section 85 of the Act makes the Tribunal’s decision final, unchallengeable even by the Supreme Court.
- Section 40 of the Act shifts the burden of proof to the landowner, making it extremely difficult to contest the Board’s claims.
- The Waqf Act is unique in India, as there are no similar laws for Hindus, Christians, or Sikhs.
- Establishment of Waqf Boards: Each state in India is required to establish a Waqf Board responsible for the management and supervision of waqf properties.
- Survey of Waqf Properties: The Act mandates regular surveys of waqf properties to identify and document them accurately.
- Registration of Waqf Properties: All waqf properties must be registered with the respective Waqf Boards.
- Protection of Waqf Properties: The Act includes measures to protect waqf properties from encroachment and mismanagement.
- Judicial Proceedings: The Act allows for judicial proceedings to resolve disputes related to waqf properties.