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The Waqf Board’s unchecked claims over land in Bharat, protected under the Waqf Act, have become a critical impediment to the nation’s growth, especially in public infrastructure development. While the Act was initially created to manage religious endowments, its provisions have evolved into tools for encroachment, creating delays and disputes that impact key infrastructure projects. These disputes delay development, generate immense financial costs and slow Bharat’s march toward modernisation. This report aims to uncover how Waqf encroachments hinder Bharat’s development, emphasizing the need to abrogate the Waqf Act.
Why the Waqf Act Must Be Abrogated?
The current Waqf Act allows Waqf Boards extensive powers over land claims, often exercised without proper accountability or oversight. These claims delay critical infrastructure projects such as airports, metro expansions, highways, and urban development, which are crucial to Bharat’s progress. The ongoing legal battles and delays associated with Waqf land disputes cause substantial financial losses and place undue pressure on the public exchequer.
The Modi government recently introduced a bill to tighten control over the Waqf Board to address these concerns. This bill was referred to the Joint Parliamentary Committee (JPC) for further examination. The Indian Archaeological Survey (ASI) presented evidence of over 120 monuments under its protection that have been claimed by various Waqf Boards, including cases where monuments were declared protected by ASI over a century ago but were later declared Waqf properties. Among these disputed monuments is the tomb of Ahmed Shah in Ahmednagar, Maharashtra, which ASI had protected in 1909 but was later declared a Waqf property in 2006.
Major Stances of Waqf Encroachment and Infrastructure Delays
Delhi Metro Rail Corporation (DMRC)
In 2018, the expansion of the DMRC faced a two-year delay due to the Waqf Board’s claim over a segment of land near Jama Masjid. The Waqf Board demanded ownership, leading to legal disputes and halting construction. This resulted in over ₹200 crore cost overruns, further burdening the project. In Delhi Wakf Board v. Government of NCT of Delhi, the court noted the need for a balanced approach between public welfare and religious endowments.
Mumbai International Airport Expansion
Mumbai’s international airport expansion was delayed by three years due to Waqf property claims on land that were crucial to the project. The delay resulted in significant economic losses, with over ₹1,000 crore in lost aviation revenues. The airport’s ability to handle increased passenger traffic was severely hampered, causing delays in Bharat’s international connectivity.
Lucknow-Hardoi Highway Construction
In 2019, the Uttar Pradesh Waqf Board’s claim over a section of land required for the Lucknow-Hardoi highway led to an 18-month delay in construction. This delayed crucial connectivity between regions and increased project costs by ₹500 crore. The Supreme Court, in a related case, emphasized that Waqf properties should not disrupt national infrastructure projects unless necessary.
Chennai Metro Phase II
The expansion of Chennai Metro Phase II was delayed by two years due to Waqf property claims. The delays affected millions of daily commuters and escalated project costs by ₹300 crore. Suresh Venkatesan, a transportation planner, commented that Waqf land disputes have consistently undermined public projects, leaving cities crippled with inadequate infrastructure.
Ahmedabad-Gandhinagar Bullet Train Project
The prestigious Ahmedabad-Gandhinagar Bullet Train project, a key part of Bharat’s transport modernization, faced delays of over two years due to the Gujarat Waqf Board’s claim to land along the proposed route. This stalled the project, causing an annual economic loss exceeding ₹800 crore in missed opportunities for improved transportation efficiency.
Kanpur Smart City Project
The Kanpur Smart City project was delayed by 15 months when the Uttar Pradesh Waqf Board claimed several key properties within the city. This delay severely impacted urban development, increasing congestion, pollution, and missed development targets.
Bangalore Peripheral Ring Road
In 2020, the construction of Bangalore’s Peripheral Ring Road was obstructed by the Karnataka Waqf Board’s claim over large tracts of land. The dispute delayed the project by three years and escalated construction costs from Rs 3,500 crore to Rs 5,000 crore. As V. Suresh, an infrastructure expert, noted, such disputes make development unfeasible. The Waqf Act has become a legislative tool for stalling growth.
Kolkata Metro East-West Corridor
The Kolkata Metro’s East-West Corridor project faced a 24-month delay due to Waqf claims over land earmarked for metro stations. This caused inconvenience for millions of commuters and increased the project’s cost by ₹400 crore. The court reaffirmed that religious claims cannot endlessly delay public infrastructure.
Hyderabad Outer Ring Road
The Outer Ring Road in Hyderabad, vital for decongesting the city, was delayed by 18 months due to Waqf property claims. The delay caused significant economic loss due to traffic congestion and missed opportunities for improving the city’s transport network.
Varanasi Redevelopment Project
In 2022, Varanasi’s redevelopment was stalled after the Waqf Board claimed ownership of properties intended for public use. This delayed the redevelopment project, impacting tourism and local businesses. The financial losses to the tourism industry alone were estimated to be ₹600 crore.
Economic Impact of Waqf Land Encroachments
The cumulative economic impact of Waqf land disputes on public projects is staggering. Delays in infrastructure projects such as those mentioned above lead to massive cost overruns, increased taxpayer burdens, and reduced economic efficiency. According to the Ministry of Urban Development, over ₹50,000 crore worth of projects are currently stalled due to Waqf land disputes.
Cost Overruns: Every year of delay adds inflationary costs to public infrastructure projects. For instance, the Bangalore Peripheral Ring Road project’s cost ballooned from ₹3,500 crore to ₹5,000 crore, mainly due to the delay caused by the Waqf Board’s land claim.
Loss of Revenue: Projects like Mumbai International Airport and the Ahmedabad-Gandhinagar Bullet Train incurred losses exceeding Rs 1,000 crore and Rs 800 crore due to delayed operationalisation. These missed revenues are felt not just in the immediate term but impact long-term growth prospects.
Public Inconvenience and Economic Stagnation: Delays in projects like the Chennai Metro Phase II and Delhi Metro affect millions of daily commuters, increasing traffic and pollution and reducing productivity. The economic cost of lost working hours due to traffic congestion in metro cities is a hidden but significant drain on Bharat’s GDP.
Several legal battles emphasize the urgent need to reconsider the Waqf Act. In DDA v. Waqf Board, the Delhi High Court ruled that Waqf claims cannot obstruct the construction of public infrastructure projects if they serve a greater public good. However, legal reforms are essential to ensure timely resolutions. Similarly, the State of MP v. MP Waqf Board ruled that public infrastructure precedes Waqf land claims when it benefits the more significant public interest.
The Waqf Act, in its current form, has become a hindrance to Bharat’s development. Its unchecked provisions allow Waqf Boards to obstruct national projects, leading to significant economic losses and public inconvenience. The abrogation of the Waqf Act is essential to remove these hurdles and ensure Bharat’s infrastructure projects are not held hostage to religious encroachments.
The nation’s growth should take precedence, and public infrastructure projects must not be delayed by outdated laws that serve narrow interests. By reforming or repealing the Waqf Act, Bharat can ensure its development goals are met without unnecessary delays or financial losses. Rajiv Bansal, a public policy expert, asserted that the time for reform is now. Bharat’s growth cannot be sacrificed at the altar of encroachment.
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