Nobody can claim right over govt land even under waqf by user principle: Centre to SC

New Delhi: The Centre on Wednesday told the Supreme Court that no one can claim rights over government land and that it is legally empowered to reclaim properties that have been declared waqf under the principle of waqf by user, reported PTI.

The Centre’s response came during a hearing on petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. Solicitor General Tushar Mehta, appearing for the Centre, began presenting arguments before a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih. “Nobody has the right over government land,” Mehta said, adding that there is an existing Supreme Court judgment which affirms that the government can reclaim such land, even if it has been declared as waqf.

At the outset, Mehta pointed out that no affected parties had approached the court and asserted that there is no dispute regarding Parliament's legislative competence to pass the amendment. He referred to the joint parliamentary committee report and emphasised that several state governments and waqf boards were consulted before the Act was passed.

The bench sought the Centre’s response to concerns raised by petitioners that only an officer above the rank of district collector could decide whether a waqf property is actually government land. Dismissing the argument, Mehta said, “This is not just misleading but a false argument.”

In its written submission, the Centre strongly defended the Act, stating that waqf, by nature, is a secular concept, and that the law aims only to regulate the secular aspects of waqf administration while safeguarding religious freedom. The Centre added that there is a presumption of constitutionality in favour of the law and that there is no grave national urgency justifying an interim stay.

Quoting established legal principles, the Centre noted that constitutional courts generally do not stay statutory provisions and that the matter must be decided finally. The bench reiterated this on Tuesday, with the Chief Justice stating that any request for interim relief must present a “strong and glaring” case, as there is a presumption of constitutionality attached to laws passed by Parliament.

The Centre has urged the bench to limit the hearing to three core issues: the power to denotify properties declared as waqf (either by deed, user, or court order); the composition of state waqf boards and the Central Waqf Council, with petitioners arguing that only Muslims (except ex-officio members) should serve; and the provision that a waqf property will not be treated as such if the collector, after inquiry, determines that it is government land.

The Waqf (Amendment) Act, 2025, was notified last month after receiving the assent of President Droupadi Murmu on April 5. The bill was passed in the Lok Sabha with the support of 288 members, while 232 opposed it. In the Rajya Sabha, it received 128 votes in favour and 95 against. The hearing in the case is currently underway.