By: Syed Nadeem and Ambreen Khan (Ziraat Times)
Srinagar: The BJP-led government today introduced the Waqf (Amendment) Bill, 2025, in Parliament, proposing sweeping changes to the Waqf Act, 1995. The bill, if passed, would significantly impact waqf properties, particularly agricultural land, which constitutes approximately 16% of registered waqf assets across India, legal experts and Muslim Waqf organisations believe.
The proposed amendments have sparked widespread debate among legal experts, farmers, and business leaders, with many questioning the bill’s implications for land ownership, farming activities, and waqf-generated revenue.
Government ownership over Waqf land disputes
Under the proposed bill, any land identified as waqf but found to be government-owned will automatically lose its waqf status. The authority to investigate and determine ownership in disputed cases will shift from Waqf Tribunals to the District Collector. If deemed government property, the land will be removed from waqf control and its status updated in official records.
Legal experts argue that this provision significantly reduces the power of waqf boards.
“The shift of decision-making from the Waqf Tribunal to the District Collector introduces bureaucratic control that could lead to politically motivated decisions,” said Shabir Khan, a legal expert specializing in property laws.
“Many waqf lands were gifted through oral dedication centuries ago. Without formal documentation, they may be at risk of being reclassified as government land.”
Elimination of ‘Waqf by use’
The bill seeks to remove the long-standing concept of ‘waqf by use,’ which allowed land to be classified as waqf based on continuous religious or charitable use, even in the absence of a formal deed. Historically, many waqf lands—especially agricultural plots—were dedicated through verbal declarations and have remained under informal waqf administration for generations.
If this provision is passed, such lands could lose their waqf status unless a valid waqfnama (deed) is produced. This has raised alarms among religious and farming communities.
“My family has cultivated this land for generations under waqf supervision. We have always known it to be sacred land, but without a written deed, we fear it could be taken away from us,” said Mohammad Arif, a farmer from Uttar Pradesh, where a large proportion of agricultural waqf land exists.
Mandatory registration and verification
The bill mandates that all waqf properties, including agricultural land, be registered with the District Collector’s office via a centralized digital portal. The verification process will assess the legitimacy of waqf dedications, including ownership records and compliance with Islamic law.
“This is both a challenge and an opportunity,” said Ayesha Naqvi, a business leader in the agribusiness sector.
“On one hand, proper registration could protect genuine waqf lands. On the other, it could result in unnecessary bureaucratic hurdles that could delay farming activities and investment in waqf-based agriculture.”
Adverse possession and the Limitation Act
The 1995 Act exempted waqf properties from the Limitation Act, preventing claims of adverse possession—where a person occupying land for over 12 years could claim ownership rights. The new bill removes this exemption, allowing long-term occupants of waqf agricultural land to claim legal ownership.
This provision is expected to have a significant impact on farming communities.
“If passed, this bill would allow farmers or encroachers who have cultivated waqf land for decades to legally claim ownership,” said legal scholar Ravi Sharma.
“This could be seen as a form of land redistribution, but it could also strip waqf boards of large portions of their land holdings.”
Potential impact on agricultural land in Jammu & Kashmir
Jammu & Kashmir, with its unique legal framework and history of land disputes, is expected to experience distinct challenges if the bill is enacted, legal experts believe.
Many agricultural waqf lands in J&K lack formal documentation, making them vulnerable to government reclassification. Local farmers who have cultivated waqf land for generations without formal leases could face eviction or legal uncertainty, observes Syed Nadeem, a lawyer specialising in land titles.
Many Waqf institutions in J&K rely heavily on agricultural income to fund social and religious programs. Losing these lands could further dent Waqf Board’s.
“The waqf lands in Kashmir hold deep historical and religious significance. If they are stripped away, it will not only be an economic loss but also an emotional and cultural setback for the community,” said Bashir Ahmad, a religious scholar from Srinagar.
Impact on agricultural land titles
The proposed amendments could lead to a large-scale reclassification of agricultural waqf land.
For instance, lands without formal waqfnama documentation could be reclassified as government or private property.
Legal battles between waqf boards, farmers, and the government are expected to rise as ownership claims are contested, a legal expert said.
States with significant waqf agricultural holdings, such as Uttar Pradesh (27%), West Bengal (9%), and Punjab (9%), could experience heightened disputes.
Impact on farming activities
Farmers cultivating waqf land under informal arrangements may face evictions or legal battles to retain their land.
If land is reclassified, existing farmers may be displaced or forced to renegotiate their rights, affecting agricultural output, legal experts anticipate.
With ownership uncertainties, agricultural investment on waqf lands may decline. “As a businessman, I am hesitant to invest in waqf agricultural projects because land disputes can stall projects for years,” said Aslam Sheikh, an agribusiness investor.
Impact on revenue generation
Waqf properties, including agricultural land, currently generate around ₹200 crore annually, government claims. However, reports like the Sachar Committee (2006) suggest that efficient management could yield up to ₹12,000 crore annually.
If a large portion of waqf land loses its status, waqf institutions could lose a critical source of income.
“This is not just about land; it is about the livelihood of thousands and the funding of religious and charitable institutions,” said Abdul Qadir, a trustee of a waqf institution in West Bengal.
Broader socioeconomic implications
States with high waqf agricultural holdings could face economic and social instability.
Many waqf agricultural lands provide livelihood opportunities for local Muslim communities.
“We depend on this land for sustenance. If it is taken away, where will we go?” asked Yusuf Khan, a farmer from Punjab.
If passed, the Waqf (Amendment) Bill, 2025, would fundamentally alter the status of agricultural waqf land in India, legal experts believe.
While the bill aims to introduce greater transparency in waqf land management, it also raises serious concerns about the future of waqf properties, the security of tenant farmers, and the financial sustainability of waqf institutions, Muslim organisations believe.
