Union Minority Affairs Minister Kiren Rijiju recently announced that over 58,000 waqf properties across India are facing encroachment, with Karnataka alone accounting for 869 such properties. In a response to a Lok Sabha question by BJP MP Basavaraj Bommai, Rijiju highlighted the government’s efforts to address these issues and the legal frameworks available to combat encroachment.
Waqf Properties in India: A Growing Concern
According to the Waqf Assets Management System of India (WAMSI), there are 58,929 waqf properties under encroachment across the country. Karnataka stands out with 869 properties affected. This significant number of encroachments has prompted the Ministry of Minority Affairs and the Central Waqf Council (CWC) to act swiftly in addressing complaints.
Government’s Response to Waqf Property Encroachment
Kiren Rijiju explained that complaints related to encroachments on waqf properties are regularly forwarded to state waqf boards and relevant state governments for appropriate action. The Waqf Act empowers state waqf boards to take legal action against unauthorized occupation of waqf properties. Section 54 and 55 of the Waqf Act provide waqf boards the authority to handle such cases.
Legal Provisions to Protect Waqf Properties
Under the Waqf Act, Section 51(1-A) explicitly states that any sale, gift, exchange, mortgage, or transfer of waqf property is void ab initio, meaning such transactions are considered invalid from the start. This provision strengthens the protection of waqf properties from illegal transfer or misuse.
Additionally, the Waqf Properties Lease Rules, 2014, framed by the central government under Section 56 of the Waqf Act, give state waqf boards the power to lease waqf properties. This measure provides a legal framework for managing waqf assets and ensuring their proper utilization.
Action Plan and Future Measures
Rijiju emphasized that the Ministry of Minority Affairs, alongside state authorities, is committed to resolving the issue of encroachments on waqf properties. The collaboration between the central and state governments is crucial to safeguarding these religious and community assets.
A Legal Framework for Waqf Property Protection
While the number of encroached waqf properties remains concerning, the legal provisions in place through the Waqf Act and the proactive steps taken by the Ministry of Minority Affairs and the state waqf boards provide a robust framework for tackling this issue. Continued vigilance and action are necessary to protect the integrity of these valuable properties.
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