Following the passage of the Waqf Amendment Bill, nearly 98 per cent of Waqf properties in Uttar Pradesh face uncertainty. A significant number of these properties have yet to be recorded in revenue records.

Under the new law, decision-making authority over these properties will shift from the Waqf Board to the respective district magistrates, fundamentally altering the governance structure of waqf assets in the state.

Additionally, the 57,792 government properties claimed by the Waqf Board will also now fall outside its jurisdiction, significantly impacting the board’s control over these lands.

Since independence, the issue of waqf properties in Uttar Pradesh has been marred by irregularities, with allegations of wrongful registration and land encroachments surfacing over the years.

A confidential report from the state’s Minority Welfare Department reveals that even public utility lands, including those designated for schools, hospitals, and community centers, have been wrongfully registered as waqf properties.

Cases have also emerged in several districts, including Rampur and Hardoi, where private landowners discovered that their properties had been falsely recorded as waqf assets. Such misregistrations have led to prolonged legal battles and disputes over land ownership.

Moving forward, disputes concerning these properties will be adjudicated by district magistrates, who will base their decisions on revenue records from the agricultural year 1359 (1952), aiming to bring transparency and prevent fraudulent claims.

The amendment impacts 57,792 government properties spread across various districts, covering a total of 11,712 acres. According to legal provisions, these properties should never have been designated as waqf assets in the first place.

With the amended law coming into effect, these properties will be immediately excluded from waqf jurisdiction. The only remaining step will be for local administrations to take physical possession of these properties, ensuring their proper use as per state regulations.

Critics argue that the Waqf Board’s unchecked authority allowed large-scale misappropriation of government land under the guise of religious endowments. The revised law is expected to restore governmental control over these lands and prevent future disputes.

AIMPLB to challenge Bill in court

Maulana Khalid Rasheed Firangi Mahali, a member of the All India Muslim Personal Law Board, has strongly opposed the bill and warned of legal action.

“If the bill is passed in the Rajya Sabha, we will challenge it in court. We are hopeful of getting justice, as our position is aligned with constitutional facts,” he stated.

He also expressed disappointment over the lack of opposition from key political parties, including Nitish Kumar’s Janata Dal (United) and Chandrababu Naidu’s Telugu Desam Party, which he had expected to resist the bill. “It would have been better if all parties had taken a strong and well-researched stance against the bill,” he added.

The passage of the bill in the Rajya Sabha would set the stage for a legal battle, with the Personal Law Board prepared to challenge the legislation in court.

As the issue unfolds, it is expected to generate significant political and legal discourse, with both sides arguing over the constitutional validity and socio-religious implications of the amendments.