The issue of encroachment on Waqf properties has been a persistent concern, with numerous complaints and grievances being received from various stakeholders. However, a significant pattern observed in these complaints is that the encroachments are primarily attributed to mismanagement or inaction by the State/UT Waqf Boards, which are predominantly administered and managed by Muslim members.
According to multiple media reports and public grievances, several instances have emerged where Muslims themselves have encroached upon Waqf properties, raising serious questions about internal governance, transparency, and the actual utilization of these properties meant for religious and charitable purposes. Some key examples include:
i. In Bhopal, a Waqf Complex was illegally constructed on government land, and out of 125 registered graveyards, 101 have mysteriously disappeared, with private individuals occupying the land. Additionally, a 24,450 sq. ft. Waqf property at Sarai Sikandari has seen 1,800 sq. ft. encroached upon by a local politician.
ii. In Hyderabad, 765 notices were issued to encroachers in 2021 alone, while Telangana’s Waqf Board, one of India’s richest, owns assets worth ₹5 lakh crore, yet 75% of its land is encroached upon. Akbaruddin Owaisi has also stated that 82% of Waqf land in Hyderabad has been grabbed by private individuals.
iii. In Mumbai, over 60% of Maharashtra’s Waqf land has been illegally occupied, with the Lal Shah Baba Dargah in Parel, originally spanning 72 acres, now surrounded by residential towers built on Waqf land.
iv. In Lucknow, the Uttar Pradesh government has reported that 78% of the land claimed by the Waqf Board is actually government-owned, with no legal Waqf rights, and a 1989 government order that illegally registered uncultivable land as Waqf property has been revoked.
v. In Patna, the Bihar Sunni Waqf Board issued a notice claiming ownership of land in the Hindu-majority village of Govindpur, Fatuha, affecting seven Hindu households.
vi. In Ernakulam, Kerala, in September 2024, around 600 Christian families, particularly from the Cherai and Munambam areas, opposed the Waqf Board’s claim over their land, which they argue has been in their possession for generations.
As per data, there are 32 Waqf Boards across 23 States and 7 Union Territories, with Bihar and Uttar Pradesh having separate Shia and Sunni Waqf Boards.
As per the Waqf Assets Management System of India (WAMSI) portal, there are currently 8.72 lakh registered waqf properties, spanning an area of 37.39 lakh acres. Out of total registered Waqf properties, 4.02 lakhs are Waqf by User and 26,676 are Waqf Al-aulad. Of these 8.72 lakh properties, only 1,088 have registered waqf deeds, and 9,279 have Ownership Rights Establishing (ORE) documents.
Encroachment remains a significant challenge, with 58,890 instances of encroachment recorded on WAMSI.
Additionally, 31,999 litigation cases covering issues such as encroachment and mismanagement are pending before Waqf Tribunals/Waqf Boards, out of which nearly 9,000 cases involve Muslim parties, indicating that they too suffer from the mismanagement of waqf properties.
Furthermore, out of these litigations, 16,140 are of encroachment related issues of which about 3,165 cases involve Muslim encroachers, highlighting that waqf land misappropriation is not confined to any single community but is a broader governance issue requiring systemic reforms.
The types of litigation related to waqf properties are available in 5 categories (i)Miscellaneous Petition (ii)Encroachment (iii)Alienation (iv) Enquiry Proceedings and (v) Assessment Appeal.
