Centre Defends 'Waqf by User' Provision Amidst Supreme Court Scrutiny

The Centre defended the 'waqf by user' provision in the amended waqf law in the Supreme Court, warning that interference could create issues. This provision allows property to be recognized as waqf based on long-term use. Registration has been mandatory since 1923, and unregistered claims are unsustainable.

The Central Government robustly defended the 'waqf by user' provision in the amended Waqf Act before the Supreme Court on Friday. It highlighted that any judicial interference could lead to an unintentional creation of a legislative regime through judicial orders, contravening Parliament's established law.

'Waqf by user' involves recognizing property as a religious or charitable endowment based on its prolonged use, even without a formal declaration by the owner. The Centre referenced objections raised by Chief Justice Sanjiv Khanna, concerning potential issues with certain provisions, such as those related to the denotification of unregistered 'waqf by user' properties.

The ministry emphasized the longstanding legal requirement for registration of all waqfs since 1923. It rejected claims by individuals and organizations over private and public lands under 'waqf by user,' labeling these submissions unsustainable. The Centre asserted that non-registered claims cannot benefit from the statute's provisions.