Waqf Act, 1995, aiming to curb the unbridled powers of Waqf Boards, powers that were further enhanced by a 2013 amendment. This move is intended to bring transparency and accountability in the regulation and monitoring of over 8.7 lakh properties controlled by state boards across India and to address issues of corruption. Here’s a comprehensive look at what Waqf comprises and the challenges in managing these assets.
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. Once designated as waqf, ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable. These properties are managed by a mutawwali, appointed by the waqif or a competent authority. The Waqf Board is reportedly the third-largest landholder in India, following the Railways and the Defence Department. Waqf boards control 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of Rs 1.2 lakh crore. There are 32 waqf boards, including two Shia waqf boards in Uttar Pradesh and Bihar. Control of the state Waqf boards lies in the hands of about 200 individuals.
Once a property is declared waqf, it remains so forever. This irrevocability has led to various disputes and claims, some of which, like the claim on two islands in Bet Dwarka, have perplexed courts. Examples of other disputes include the Bengaluru Eidgah ground, claimed as waqf property from the 1850s, and the Surat Municipal Corporation building, claimed due to its historical use as a 'sarai' during the Mughal era. Kolkata's Tollygunge Club, Royal Calcutta Golf Club, and ITC Windsor
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