More land than Railways, 40,951 disputes: The complex economics of India's Waqf Boards

The Centre is fully prepared to table the amended Waqf Bill, Minority Affairs and Parliamentary Affairs Minister Kiren Rijiju said on Monday. “The timing of the bill's introduction will be decided following consultations after Parliament meets but I want it passed as soon as possible,” he stated.

The bill is expected to be tabled in the Lok Sabha on Wednesday, with the ongoing Budget session set to end on April 4. It must clear both the Lower and Upper Houses to become law.

On August 8, 2024, the government introduced two bills — the Waqf (Amendment) Bill, 2024 and the Mussalman Wakf (Repeal) Bill, 2024 — aimed at streamlining the functioning of Waqf Boards and improving the management of waqf properties. The amendment seeks to fix gaps in the Waqf Act, 1995 by renaming the Act, updating the definition of waqf, improving registration processes, and integrating technology for better recordkeeping.

Waqf Boards - Third largest landowners in India

Waqf Boards currently control 8.7 lakh properties covering 9.4 lakh acres, with an estimated value of ₹1.2 lakh crore. India has the largest waqf holding in the world. The Boards are also the country's biggest landowners after the Armed Forces and Indian Railways.

Of the 8.7 lakh waqf assets, 356,051 are registered as waqf estates, 872,328 are immovable properties, and 16,713 are movable properties. Despite this vast scale, the Boards generate negligible income.

'Waqf properties could yield ₹12,000 crores'

The Sachar Committee, which submitted its report in 2006, observed that if these properties are put up to efficient and marketable use, they can generate at least a minimum revenue of 10% which is about ₹12,000 crores per annum.

The committee also recommended various measures to improve the management of Waqf. It stressed the need for regulation and functioning of Mutawallis, efficient management of records, inclusion of non-Muslim technical expertise in management of Waqf, reforms to strengthen Waqf Boards administratively to include two women members in Central Waqf Board (CWC) and each State Waqf Board(SWBs), appointment of Joint Secretary level Officer in CWC/SWBs, and bring the Waqf under the Scheme of financial audit.

What is Waqf?

Waqf refers to property dedicated for religious or charitable purposes under Islamic law. Once declared waqf, ownership is considered transferred to Allah, and the property becomes irrevocable. A mutawalli is appointed to manage the property, and any other use or sale is prohibited. This principle — “once a waqf, always a waqf” — has created complex legal scenarios and disputes across India.

While some Islamic countries such as Turkey, Libya, Jordan, Tunisia, and Egypt have no waqf system, India's waqf network remains expansive and legally protected. But challenges around transparency, accountability, and governance persist. 

Key concerns flagged by stakeholders include limited diversity in board appointments, misuse of power by mutawallis, poor maintenance of property accounts, weak coordination with revenue departments, encroachments, and sweeping authority granted to Boards to claim properties.

In September 2024, the Ministry of Minority Affairs shared that 40,951 cases were currently pending in Waqf Tribunals, including 9,942 filed by members of the Muslim community against institutions managing waqf. Moreover, there were delays in case disposal and no judicial oversight over tribunal decisions.

Key claims by Waqf Boards 

The impact of systemic issues in waqf property governance has played out in several cases across India.

In Tamil Nadu's Thiruchenthurai village, a farmer named Rajagopal found himself unable to sell his agricultural land to repay a loan after the Waqf Board laid claim to the entire village. The sale required a no-objection certificate (NOC) from the Board, leading to both financial and emotional distress.

Historical records indicate the village was donated as waqf by Nawab Anwardeen Khan in 1956. The situation worsened when the Board requested the registration department to assign a 'zero value' to all waqf properties. However, the Ministry of Minority Affairs intervened and stayed the request to allow property transactions.

A similar controversy emerged in Bengaluru, where the Waqf Board claimed the Eidgah ground as waqf property, stating its status dated back to the 1850s. According to government records, there had been no official title transfer to any Muslim organisation, yet the Board maintains the land remains permanently waqf.

In Surat, the Waqf Board staked claim to the Municipal Corporation building, arguing it had historically functioned as a sarai for pilgrims during the Mughal era. While the property had since come under British control and was eventually transferred to the Indian government after independence, the Gujarat Waqf Board insisted that because ownership was never formally updated, the property still belonged to the waqf. The Board reiterated its legal position with the statement: “once a Waqf, always a Waqf.”

An even more unusual claim emerged in Devbhoomi Dwarka, where the Waqf Board attempted to assert ownership over two islands in Bet Dwarka. The Gujarat High Court, reportedly perplexed by the petition, refused to hear the application and asked the Board to revise it. The judge questioned how the Waqf could claim "land in Krishnanagri."