‘Nobody has right over govt land’: Centre tells SC on pleas challenging Waqf Act

The Centre on Wednesday informed the Supreme Court that no individual can claim ownership over government land, asserting the government’s statutory authority to reclaim properties declared as waqf by applying the principle of ‘waqf by user’. The court exchange happened on the second day of the Supreme Court hearing on the Waqf Bill.

“Nobody has the right over government land,” the top law officer said.

“There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf,” he said.

‘Waqf by user’ principle recognises a property as waqf based on its long-standing use for religious or charitable purposes, even in the absence of formal documentation.

Solicitor General Tushar Mehta, appearing for the Centre before a bench led by Chief Justice B R Gavai and Justice Augustine George Masih, emphasised that “nobody has the right over government land,” and cited Supreme Court precedents affirming the government’s power to protect such properties once declared waqf.

"False narrative is created that they will have to provide documents, or waqf is captured en masse. Waqf by user not permitted henceforth, except

1. registered

2. private property- governed by competent court adjudication and no person can say irrespective, it will remain waqf by user

3. Government property- what will be the effect of stay? (not only defeat but also result in anamoligy -creation of legitimative regime by judicial order where the parliament consciously has taken out, would give premium to waqf by user which has defied the 100 years hold need for registration...anyone ficticiously claiming Waqf by user in 2025 when he has never choose to apply for registration, would encourage the mischief quoted by the Committee that some waqf are deliberating avoiding to register),” LiveLaw quoted Tushar Mehta telling the Supreme Court.

Solicitor General Tushar Mehta further noted that the legislation had been enacted following extensive consultations with state governments and waqf boards, and no affected party had approached the Court disputing Parliament’s competence to legislate in this domain.

Centre's Defence of the Waqf (Amendment) Act, 2025

In its written submissions, the Centre robustly defended the Waqf (Amendment) Act, 2025, characterising waqf as a “secular concept” and underscoring the “presumption of constitutionality” that protects parliamentary statutes from interim suspension absent compelling grounds.

The government maintained that the Act regulates secular aspects of waqf administration while safeguarding religious freedoms and that no “grave national urgency” warranted a stay.

The bench reiterated the high threshold for interim relief, observing that petitioners challenging the law must demonstrate a “strong and glaring” case.

The hearing also addressed contentious issues such as the authority of officers above district collector rank to adjudicate waqf claims, the composition of waqf boards and provisions concerning the denotification of waqf properties upon inquiry into government ownership.

The Waqf Act, which received presidential assent on 5 April 2025 and was passed amid significant parliamentary division, remains under judicial scrutiny as the Court continues to deliberate on its constitutional validity.

PLEASE NOTE: Hearing is underway. This copy will be updated accordingly

Waqf Act Hearing in the Supreme Court

The Supreme Court is currently hearing petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, which seeks to regulate waqf properties—religious endowments under Islamic law.

Petitioners argue that the amendment discriminates against Muslims and unlawfully interferes with the management of waqf properties, while the Centre defends it as a necessary measure to prevent misuse and encroachment on government and private lands.

The Court has emphasised the presumption of constitutionality in favour of the Act, requiring petitioners to demonstrate a “strong and glaring” case to obtain interim relief.

Key issues under scrutiny include the denotification of waqf properties, the composition of waqf boards, and the classification of government land as waqf under the ‘waqf by user’ principle, with the Centre maintaining that waqf is a secular concept and not an essential religious right under the Constitution.

Waqf Act

The Centre notified the Waqf (Amendment) Act, 2025, last month after it got President Droupadi Murmu's assent on 5 April.

The bill was cleared by the Lok Sabha with the support of 288 members, while 232 MPs were against it. The Rajya Sabha saw 128 members voting in its favour and 95 against it.