Fresh bench led by CJI designate Justice Gavai to consider waqf matter on May 15

NEW DELHI: The Supreme Court on Monday posted the matter related to validity of the Waqf Amendment Act, 2025 for hearing on May 15 before a bench headed by CJI designate B R Gavai due to impending retirement of current CJI Sanjiv Khanna on May 13.

A bench led by CJI Khanna, however, said the figures with regard the waqf properties pegged at 3921236.459 acres of land in the country by the government and which has been dispute by the other side, would be considered in due course.

The bench, also comprising Justices Sanjay Kumar and K V Vishwanathan, acknowledged the contentious issue, in a brief proceedings.

The CJI is demit office on superannuation on May 13.

At the outset, he said he would not like to reserve judgment in the matter even at the interim stage, so the matter would be heard by a bench led by Justice B R Gavai, CJI designate on May 15.

"We have gone through the counter and rejoinder. Yes some points have been raised on registration and some figures which are disputed by petitioners. It needs to be dealt with," the bench said.

"This matter has to be heard on any reasonable day. It will not be before me. We will post it before the bench of Justice Gavai," the CJI said.

Solicitor General Tushar Mehta for the Centre that he would have tried to argue before the bench as every contention has an answer, but he would not embarrass the CJI because there is no time.

Defending the Waqf Amendment Act, the government had said there have been reported misuse of waqf provisions to encroach private properties and the government properties.

"It is really shocking to know that after the amendment brought in the year 2013, there is 116% rise in auqaf area. Right before even Mughal era, pre independence era and post-independence era, the total of wakfs created was 18,29,163.896 acres of land in India. Shockingly after 2013, the addition of wakf land is 20,92,072.536 acres," it had said.

In other words, even the first legislation in 1913 is considered, to be the first regulatory measure, 18 lakh acres was occupied by waqf till 2013 i.e. in 100 years, and more if pre-1913 era also counted. Only between 2013-2024, a phenomenal increase is found and the figure of 20 lakh acres is additional and not the total figure. The total comes to 3921236.459 acres of land. The increase in waqf properties by 116% itself called for a serious look at statutory architecture of the 1995 Act, it had added.

In a rejoinder, All India Muslim Personal Law Board, an NGO which challenged the law, termed the government's figures as misleading and without any basis.

On April 17, acting on a batch of petitions, the Supreme Court had impressed the Union government to assure that no appointment to the Central Waqf Council and State Waqf board would be made and the waqf properties declared or registered as waqf by users would not be denotified till May 5, 2025.