The Supreme Court has upheld the validity of the Waqf (Amendment) Act, 2025, which eliminates the statutory recognition of “waqf by user” and mandates formal registration of waqf properties. A Division Bench, led by Chief Justice of India B.R. Gavai, stated that the legislature’s action to remove the “waqf by user” concept cannot be considered arbitrary, given concerns over the encroachment of significant government properties. The court declined to issue a complete stay on the Amendment Act, which was notified on April 8, 2025. This legislative change follows instances such as the Andhra Pradesh Waqf Board notifying thousands of acres of government land as waqf property, and the Union government’s communication to the court regarding alleged widespread encroachments linked to the misuse of waqf provisions.
Source: www.thehindu.com