Waqf Bill: From Humayun's tomb to the land of Maha Kumbh, where and on which lands in India has Waqf claimed

On introducing the Waqf (Amendment) Bill, 2024 in the Lok Sabha on Wednesday, Parliamentary Affairs Minister Kiren Rijiju said that if Prime Minister Narendra Modi had not come to power, "the Parliament House in which we are sitting could also have been claimed as a Waqf property." Introducing the Waqf Bill in the lower house, Kiren Rijiju said, "A case going on in Delhi since 1970 is related to several properties including the CGO Complex and the Parliament House. The Delhi Waqf Board had claimed these to be Waqf properties."

He further said, "The matter was in court, but at that time the UPA government had denotified 123 properties and handed them over to the Waqf Board. If we had not brought this amendment today, the Parliament House in which we are sitting could also have been claimed as a Waqf property. If the PM Modi government had not come to power, many properties would have been denotified."

The Waqf (Amendment) Bill aims to amend the 1995 Act governing Waqf properties in India. The Centre has said that the amendments are aimed at improving the management of Waqf properties in the country.

Waqf – 3rd largest land owner in India

Waqf boards across the country currently control 8.7 lakh properties spread over 9.4 lakh acres, estimated to be worth Rs 1.2 lakh crore. India has the largest waqf holdings in the world. The boards are also the third largest landowners in the country after the Defence and Indian Railways. There are a total of 30 waqf boards in India.

According to a report by Business Today, out of the 8.7 lakh waqf properties, 356,051 are registered as waqf estates, 872,328 are immovable properties and 16,713 are movable properties.

Properties claimed by the Wakf Board

From prime properties in Delhi to an entire village in Tamil Nadu, the Waqf Board has claimed several properties across the country in the last few years.

According to PTI, top government officials have found that over 200 properties in Delhi under the control of two different central government agencies have been declared as Waqf properties. Of the properties declared as Waqf, 108 were under the control of the Land and Development Office (L&DO) and 138 were under the control of the Delhi Development Authority (DDA).

Some of the major properties claimed by the Waqf:

– Humayun's Tomb: In 2010, the Delhi Waqf Board claimed ownership of Humayun's Tomb, saying it was one of over 150 heritage properties under unauthorised occupation of the Archaeological Survey of India (ASI).

– Mughal mosque in Qutub Minar complex: The Delhi Waqf Board has sought permission to offer namaz at the Mughal mosque inside the Qutub Minar complex, claiming historical precedent.

– 123 properties in Lutyens' Delhi: In 2014, the outgoing UPA government handed over 123 properties, mostly in the Lutyens zone, to the Delhi Waqf Board. The decision was later probed and in 2018 the NDA government set up a panel to examine ownership claims of these properties.

– Maha Kumbh land in Prayagraj: In January 2025, local Muslim groups in Prayagraj claimed that the land on which the Maha Kumbh Mela is held belongs to the Waqf Board, leading to a dispute.

– Government properties in Uttar Pradesh: The Uttar Pradesh government has revealed that 78 per cent of the land claimed by the Waqf Board in the state is actually government land, indicating encroachment in the board's claims.

– A farmer named Rajagopal in Thiruchenthurai village in Tamil Nadu found himself unable to sell his agricultural land to pay off his debts as the Wakf Board had staked its claim on the entire village. An NOC from the board was required for the sale, causing him both financial and emotional distress.

– In Surat, the Waqf Board staked claim to a municipal building, arguing that it had historically served as an inn for pilgrims during the Mughal era. However, the property had since come under British control and was transferred to the Indian government after independence. The Gujarat Waqf Board insisted that because the ownership rights had never been formally updated, the property still belonged to the Waqf. The board reiterated its legal position with the statement, "Once a Waqf, always a Waqf."

– The Waqf Board has reportedly claimed around 400 acres of land at Munambam in Kerala's Ernakulam district, which has been in possession of predominantly Christian residents for generations, leading to massive protests by residents.

– The Waqf Board has claimed the land of Idgah in Bengaluru as a Waqf property and that its status dates back to the 1850s. According to government records, no official title was transferred to any Muslim organisation, yet the board says that the land is permanently Waqf.

– A strange claim also surfaced in Devbhoomi Dwarka, where the Waqf Board tried to claim ownership over two islands in Bet Dwarka. The Gujarat High Court, reportedly shocked by the petition, refused to hear the application and asked the board to modify it. According to a report in Business Today, the judge questioned how the Waqf could claim "land in Krishnanagari"?

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