The Congress's amendment to the Waqf Act has reportedly granted the Waqf Board extensive powers to acquire various types of land, including personal property, government land, temple land and gurdwara land. Government sources have indicated that the Centre is preparing to introduce a Bill in Parliament to amend the 1995 Waqf Act. 

The proposed amendment will require Waqf boards to register their properties with district collectors for accurate valuation. With 30 Waqf boards across the country, the new law aims to enhance accountability and transparency. It will also mandate the inclusion of women on these boards. This initiative is said to respond to demands within the Muslim community for better oversight and management of Waqf properties. 

Originally, Waqf boards managed around 52,000 properties across India. By 2009, this number had increased to 300,000 registered Waqf properties, covering approximately 400,000 acres. As of now, there are more than 872,292 registered Waqf properties, spanning over 800,000 acres of land. This represents more than a doubling of Waqf land in just 13 years. 

The Mussulman Waqf Act of 1923 was introduced by the British, who first implemented The Madras Religious and Charitable Endowments Act, 1925. This Act faced significant protests from Muslims and Christians, leading to its redrafting. It was eventually tailored to apply only to Hindus and renamed the Madras Hindu Religious and Endowments Act, 1927. 

The Waqf Act was initially passed by Parliament in 1954. This Act was repealed and replaced by a new Waqf Act in 1995, which granted broader powers to Waqf Boards. In 2013, the Act was further amended to give Waqf boards extensive powers to claim properties, with such claims being immune to a legal challenge in court. 

In essence, the Waqf Board has been endowed with vast powers to assert ownership of properties in the name of Muslim charity—an authority unmatched by any other religious body in India. Section 3 of the Waqf Act, 1995, allows the Waqf to claim land if it "thinks" the property belongs to a Muslim, without needing to provide evidence for its claim. 

According to government sources, even countries with Islamic legal systems do not have Waqf bodies with such extensive powers, and no religious body elsewhere possesses similar unlimited authority. Additionally, the Waqf body did not return any land to Hindus who migrated from Pakistan during the partition. 

In the Avinashi case, revenue records show that in 1996, 216 individuals from the Devendrakula Vellalar community were granted free pattas for over 6.3 acres of land in Devendran Nagar, Cheyvur. However, concerns have arisen about the land’s ownership following a letter from the Waqf Board to various sub-registrar offices in Avinashi, Thottipalayam, and Tiruppur district. In this letter, dated August 8, the Waqf Board claimed around 93 properties, including certain survey numbers in Avinashi and Tiruppur, as Waqf properties. 

Additionally, in Thiruchenthurai, a village on the banks of the Cauvery River in Tiruchirapalli district, there is a 1,500-year-old Sundareswarar Temple. Villagers are now questioning how the Waqf Board might claim ownership of this historic temple property. 

The Supreme Court recently ruled that a dilapidated wall or platform, in the absence of proof of dedication or use as a religious place, cannot be considered a site for offering prayers or Namaaz. This decision was a significant relief for the Telangana government, which had leased the land in question for developing a university, township, and other institutions. The Telangana government had appealed to the Supreme Court after an adverse ruling by the Andhra Pradesh High Court in April 2012. 

In a related issue, the Rajasthan Board of Muslim Waqf has been seeking financial aid from the Rajasthan government to cover its workers' salaries. This request is notable given that the Waqf Board manages over 18,000 properties across Rajasthan and earns income from more than 7,000 of these properties. 

The Tamil Nadu Waqf Board has asserted ownership of the 1,500-year-old Manendiyavalli Chandrashekhara Swami temple land, which includes 369 acres of property in and around Tiruchenthurai village in Tamil Nadu. 

In 2021, the Waqf Board also submitted an application to the Gujarat High Court, claiming ownership of two islands in Bet Dwarka, Devbhoomi Dwarka. However, the court declined to hear the application, expressing irritation at the claim. 

Image Source: OpIndia