Ahmedabad: The Gujarat High Court has ruled that Waqf institutions will now be treated on par with other religious trusts in legal proceedings, directing Waqf Boards to pay prescribed court fees in property-related disputes, just as Hindu and other religious trusts are required to do.
The court observed that no plaintiff is above due process of law and that uniform legal standards must apply to all religious institutions. In its order, the High Court clarified that the fee exemption earlier enjoyed by Waqf Boards—owing to ambiguities in the old Waqf law—will no longer be available.
The directive will apply uniformly across the board, from administrators of small shrines to operators of large mosques.
The ruling is expected to have a significant impact on the management of Waqf properties and the conduct of related litigation, reinforcing the principle of equality in judicial procedures. Across India, Waqf properties are managed by state-level Waqf Boards.
Collectively, they control around 9.4 lakh acres of land and nearly 8.7 lakh properties, with an estimated value of Rs 1.2 lakh crore—making the Waqf Board among the country’s largest landholders.
A substantial number of these properties are embroiled in legal disputes, often due to administrative lapses, a context in which the High Court’s ruling is likely to have far-reaching consequences.
Waqf, derived from the Arabic word waquf meaning “to hold” or “preserve,” refers to the Islamic practice of donating property for religious or charitable purposes.
Such endowments may include money, land, buildings, or other assets. Once dedicated, Waqf property—often described as “property of Allah”—cannot be sold or diverted for non-religious uses.
The donor is known as a Waqif. The Waqf tradition in India dates back to the advent of Islam, with roots traced to the Delhi Sultanate in the 12th century. Post-Independence, the first Waqf Act was enacted in 1954, followed by significant amendments in 1995 and later in 2013.
In August 2024, the Union government introduced a fresh Waqf Bill in the Lok Sabha, triggering nationwide opposition.
The draft was referred to a Joint Parliamentary Committee (JPC), which approved it with 14 amendments in January 2025.
The JPC report was tabled in Parliament in February 2025, after which the Cabinet cleared the amended bill. The legislation is now set to be introduced for debate and voting in Parliament.
(IANS)
