Explained: What is Waqf by User?
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The Supreme Court on Thursday resumed hearing petitions that have challenged the Waqf Amendment Act, 2025, with key concerns raised about the removal of the concept of ‘waqf by user’. This clause, which has been part of Waqf property recognition in India for decades, was omitted in the latest amendment, raising fears that thousands of longstanding religious properties may lose their legal status.
Appearing for the Central government, Solicitor General Tushar Mehta defended the new amendment, saying there was growing concern over large portions of land being declared as Waqf without proper documentation. He said such declarations had created confusion and controversy in many parts of the country.
However, the Supreme Court bench led by Chief Justice of India (CJI) expressed strong reservations about the deletion of ‘waqf by user’. On Wednesday, the bench had clearly warned that the change in law could impact the status of thousands of properties that have been used for religious or charitable purposes for decades—especially those in villages and older urban areas where formal land documents were never created.
During Thursday’s hearing, the Court granted seven days’ time to the Centre to file a detailed preliminary response on the matter.
"Genuine Properties Will Be Affected Too": Supreme Court’s Concern
Raising a crucial question, the CJI asked the Centre, “How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also.”
The bench highlighted that many waqf properties have been recognised by courts based on long-standing use, not on paper deeds. It added that any move to undo this recognition—by de-notifying such properties—would not be right while the matter is still being heard.
The top court made it clear that waqf properties already declared by courts—whether through written deeds or based on usage—should not be touched until the challenge to the Waqf Amendment Act 2025 is fully examined.
What is ‘Waqf by User’?
In this context, the idea of ‘Waqf by user’ becomes important to understand.
‘Waqf by user’ refers to properties that may not have formal Waqf deeds or registration but have been in continuous public use for religious or charitable purposes—such as mosques, dargahs, graveyards, madrassas, or wells—often for several generations. These properties are treated as Waqf based on usage, not documents.
This concept allowed many old religious properties, especially in rural and semi-urban India, to be protected under Waqf laws, even if no official records were available. The logic was that community usage and religious practice over time was enough proof of the property's nature.
But the Waqf Amendment Act 2025 proposes to remove this recognition, stating that only those waqfs that are properly documented should be registered. This has now led to a legal challenge in the Supreme Court.
Legal Backing in India
The concept of Waqf by user is recognised under The Waqf Act, 1995, and earlier under The Mussalman Waqf Validating Acts during British rule.
Under the Waqf Act, 1995, the State Waqf Boards are allowed to identify, survey and register Waqf properties. While some Waqf properties have formal written deeds, others are registered based on field surveys, public evidence, and usage patterns.
This is particularly important in villages and older towns, where many mosques, dargahs, and graveyards were built centuries ago without formal registration.
Examples of Waqf by User
A small mosque in a village has been used for namaz for over 100 years, but there is no official document showing who donated the land. It is still considered Waqf by user.
A piece of land is being used as a Muslim graveyard for decades. Even if there is no title deed in the Waqf Board's name, the Board can register it as Waqf by user.
A dargah visited by people for generations without any formal land record can be listed as Waqf by user during official surveys.
How is ‘Waqf by User’ Recognised?
The process usually involves the following steps:
Waqf Survey Commissioner conducts a detailed survey in each state.
During the survey, locals and community leaders are consulted.
Properties that have been in religious or charitable use over time are identified.
These are registered under the State Waqf Board, even if no one comes forward as the donor.
The property is then protected under Waqf law.
The registered name in revenue or municipal records may still show as “government land” or “public land”, but once it is declared Waqf by user, it cannot be sold, transferred, or misused.
Why the Controversy?
The Centre argues that many properties have been wrongly declared as Waqf under the ‘waqf by user’ category, leading to land ownership disputes and encroachments. Critics, however, say the removal of this clause could wipe out legal recognition of genuine Waqf properties, especially in areas where such assets were created generations ago without written donations.
The Supreme Court’s current observation suggests that the court may lean towards a more balanced approach—recognising that while there may be misuse, the removal of ‘waqf by user’ entirely would also harm legitimate religious institutions and community properties.
What Next?
The Supreme Court has asked the Centre to clarify how it plans to deal with such properties in the absence of ‘waqf by user’ recognition. The next steps in the hearing will determine whether the amendment stands or whether changes will be suggested to protect historically used religious lands.
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Rishabh Pant's troubles continue as Punjab Kings push LSG towards exit door
Dharamsala, May 4 (PTI): Rishabh Pant lost the grip on his bat and the match simultaneously as Punjab Kings rode on heroics from the two 'Singhs' -- Prabhsimran and Arshdeep -- to literally push Lucknow Super Giants to the brink of elimination with a 37-run win in an IPL match here on Sunday.
It was Prabhsimran's 48-ball 91 that formed the cornerstone of Punjab Kings' unassailable 236 for 5 and any hopes of a remarkable chase was nipped in the bud by Arshdeep's (3/16 in 4 overs) now familiar Powerplay spell which summarily destroyed the opposition top-order.
This time, he got the three top run getters -- Mitchell Marsh (0), Aiden Markram (13) and the ever-dangerous Nicholas Pooran (6) -- to swing the match decisively in Punjab's favour. Ayush Badoni's (74 off 40 balls) effort was a good one albeit it came for a losing cause.
LSG were finally restricted to 199 for 7 in 20 overs and even if they win their last three games and get to 16 points from 14 games, their net run-rate can make things difficult for them.
Punjab Kings are now placed second with 15 points from 11 games and one more win could possibly clinch a place in top four for them.
But what is becoming an eyesore is LSG's Rs 27 crore worth skipper Pant's inexplicable approach which has fetched him a dismal 128 runs in 11 innings at a sub-100 strike-rate (99.22).
On the day, he scored 18 off 17 balls and that he is completely out of sync was evident in the manner he tried to throw the proverbial kitchen sink at an Azmatullah Omarzai delivery. There was no control in his shot as the bat took off on parabolic curve towards square leg and the ball went towards deep point.
Pant's misery was a testimony of LSG's wretched campaign that was lost at the auction table when the owner decided to go with a sub-standard bowling attack based on a half-fit talented pacer Mayank Yadav.
Mayank has already lost at least 10-15 yards of pace post rehabilitation under the watch of Nitin Patel at the National Cricket Academy.
On Sunday, he went for 60 runs off four overs with half a dozen of sixes struck off his bowling.
The pint-sized Prabhsimran packed a mean punch in his strokes as he blasted his way to a 48-ball 91 with the help of six fours and seven sixes.
The Punjab keeper-batter should have got his second IPL hundred but an ambitious switch hit off Digvesh Rathi saw him head back to the pavilion, nine runs short of what would have been a deserving milestone.
Towards the end, Shashank Singh scored 33 off 15 balls to take PBKS to what looked like an unassailable total. There were 16 sixes hit by Pujab Kings with 13 coming off pacers.
Prabhsimran was initially a passive partner as it was Australian Jos Inglis who launched the first attack with a hat-trick of sixes off Mayank Yadav, whose speed has decreased by at least 15 kmph post his intense rehab under Nitin Patel at the BCCI's erstwhile National Cricket Academy to recover from back injury.
However, once Inglis was dismissed, Prabhsimran, along with skipper Shreyas Iyer (45 off 25 balls), took control of the game. They were only helped by some atrocious fielding from Avesh Khan, who would probably go down as the worst fielder in the 18-year history of IPL.
Adding insult to injury, Prabhsimran took the tall MP fast bowler to the cleaners as he was pulled over mid-wicket for back-to-back maximums. Khan went for 57 in four overs and if around 15 runs due to his misfielding is added, he caused the maximum damage for his team.
The duo of Prabhsimran and Iyer added 78 runs in 7.5 overs before Rathi, LSG's best bowler on view, became the first spinner in the current season to account for Punjab Kings skipper's wicket.
But Prabhsimran continued like a man possessed and LSG bowlers were guilty of feeding to his strengths throughout the innings.
