Chief Justice of India Sanjiv Khanna on Wednesday began hearing a batch of petitions challenging the recent Waqf (Amendment) Act, 2025. During the hearing, CJI Khanna observed that undoing 'waqf by user' could pose a serious issue, especially for older mosques.

CJI Khanna recalled a moment from his time at the Delhi High Court, referring to claims that the land on which the court stands belonged to the waqf board. “When we were in Delhi High Court, we were told that the land is a waqf land! Don’t misunderstand us," he said. He also clarified that not all properties categorised as "waqf by user" had been inaccurately recorded.

The Bench, comprising CJI Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan, raised two preliminary concerns. “There are two aspects we want to ask both sides to address. Firstly, whether we should entertain or relegate it to the high court? Secondly, point out in brief what you are really urging and wanting to argue?" asked the Chief Justice.

 “The second point may help us in deciding the first issue to some extent," he further said.

The judges sought clarification from the Centre regarding the removal of the "waqf by user" provision in the amended law. Noting the historical context of many Islamic sites, the court said, “Requiring them to provide registered deed would be impossible. Most masjids would be waqf by use," underlining the difficulty of applying modern registration standards to centuries-old religious structures.

Solicitor General Tushar Mehta questioned why these properties were not registered earlier, asking about their legal status if claimed by the government.

The Waqf (Amendment) Act, 2025, which has triggered these challenges, received presidential assent on April 5 after passing through Parliament amid intense debate. It was cleared in the Lok Sabha with 288 votes in favour and 232 against, and later passed in the Rajya Sabha where 128 members supported it and 95 opposed.

So far, 72 petitions have been filed challenging the Act’s validity. Among the petitioners are AIMIM chief Asaduddin Owaisi, the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the DMK, and Congress MPs Imran Pratapgarhi and Mohammad Jawed.

“Waqf by user” refers to properties treated as waqf due to their long-standing use for religious or charitable purposes, even in the absence of a formal declaration by the original owner.

Under the amended Act, properties previously registered as "waqf by user" will retain their waqf status — unless they are under dispute or marked as government land. The provision aims to preserve historical designations while limiting such claims in the future.

According to the Ministry of Minority Affairs, the amendment is designed to curb unauthorised or erroneous property claims. However, protections for existing religious and burial sites such as mosques, dargahs, and graveyards remain intact — unless a counterclaim arises.

The revised Act also streamlines waqf registration by recognising only formally declared waqf properties, aiming to reduce legal disputes while acknowledging long-established usage.