No one can claim government land as Waqf, Centre tells Supreme Court

Centre defends Waqf (Amendment) Act in Supreme Court, says even land used for religious activity cannot override state ownership if it's government property

The Centre told the Supreme Court on Wednesday that no one can claim government land as Waqf, even if the land has been used for religious or charitable purposes for decades.

 

Solicitor General Tushar Mehta made this argument on behalf of the government during the ongoing hearing on petitions challenging the Waqf (Amendment) Act, 2025.

 

The government specifically addressed properties declared as ‘Waqf by user’ — meaning land considered Waqf solely due to long-term religious use, even without formal documentation.

 

“Nobody has the right over government land,” Mehta told the bench of Chief Justice BR Gavai and Justice Augustine George Masih.

 

 

He cited a prior Supreme Court judgment allowing the state to reclaim government land, regardless of whether it was labelled as Waqf.

 

'Parliament has full competence to pass the law'

 

Mehta asserted that no affected parties have filed petitions against the amendment, and there is no question of parliamentary overreach.

 

“This law was passed after consultations with state governments and waqf boards,” Mehta said, adding that a Joint Parliamentary Committee also vetted the bill.

 

SC to examine role of district officials, board membership

 

Petitioners have argued that only a senior officer above the district collector should have the authority to decide whether land belongs to the government or is Waqf.

 

Mehta rejected this, calling it “not just misleading but a false argument".

 

The Centre has asked the Court to focus on three core questions:

 

Whether the government can remove Waqf status from land declared as such by deed, use, or court order

Who can serve on Waqf boards and the Central Waqf Council — with debate over whether only Muslims should be allowed

Whether land cannot be Waqf if a collector’s inquiry confirms it is government property

 

'Waqf law has presumption of constitutionality'

 

In a written submission, the Centre said Waqf is a secular legal concept, and argued that the law cannot be stayed while constitutional validity is under challenge.

 

“It is a settled position that courts do not stay statutory provisions unless a glaring case is made out,” the Centre said.

 

This argument echoes Chief Justice Gavai’s remarks from Tuesday: “There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case.”

 

Waqf (Amendment) Act, 2025

 

The Waqf (Amendment) Act, 2025 became law on April 5, after President Droupadi Murmu signed the Bill. It was passed in the Lok Sabha with 288 MPs supporting it and 232 voting against it. In the Rajya Sabha, 128 voted in favour and 95 opposed the Bill.

 

Senior Advocate Kapil Sibal is leading the constitutional challenge to the Act. The matter remains under hearing.  [With inputs from PTI]