What next for Waqf properties in Assam? No one knows

Even though the Parliament passed the Waqf (Amendment) Bill, 2025, with the Rajya Sabha approving it in the early hours of April 4, 2025, controversy marred the new Act and ultimately, it landed in the corridors of the Supreme Court of the country.

The Act, Waqf Amendment Act, 2025, aims to enhance the management of waqf properties by empowering stakeholders, streamlining survey and registration processes, accelerating case resolutions, and encouraging the development of waqf assets.

The provision of Waqf is as old as Islam. Waqf property can be movable or immovable property, which is dedicated to the Almighty and for the protection of religion and charitable purposes. It’s a non-transferable property. Usually, such properties are used for education, graveyards, mosques, etc., which benefit Muslims.

The Waqf Board is a legal entity formed by nominated members to manage the Waqf properties. The Ministry of Minority Affairs has the authority to advise the Centre, state government, and Waqf boards on the management of such properties. The person who donates the property is known as a Waqif, and the person who manages the property is known as a Mutawalli.

Sources in the Ministry of Minority Affairs informed that the Assam Board of Waqfs has over 2,654 registered properties. Of these, 880 are under the Mutawalli system, 724 are under management committees, eight are directly managed by the Board, and nine are under administrators. Interestingly, there is no mention of the management of 1,033 properties of the Board in Assam.

Sources further claim that the above-mentioned figures are just estimates. “There might be numerous unattended or unsurveyed properties across the state as the authorities concerned are yet to make any official or proper survey in this regard,” the sources said, adding that almost all the properties of the Assam Board of Waqfs, based in Silchar, have reportedly been sold off.

Among the 1,033 properties for which there is no mention of management, 25 are under litigation, and the authorities in the Board allegedly don’t have any idea about the rest.

Sources further stated that out of the total properties, over 1,315 are Madrasas and 724 are shops. Kamrup (Metro) alone has over 1,070 Waqf properties.

Income from Assam Board of Waqfs Properties

Even a cursory look at the official portal of the Ministry of Minority Affairs highlights the massive corruption going on in revenue collections against the Waqf properties in Assam.

First, there is no data available regarding the collection of revenue from the Waqf properties in Assam on the portal since 2020–21.

However, sources claim that the total income declared by the Waqf properties in the state in 2015–16 was over Rs 70 lakh. Surprisingly, it came down to Rs 58 lakh in 2018–19. It further dipped to Rs 15 lakh in 2019–20.

Commenting on the causes behind such alleged irregularities in collecting revenue from Assam Waqf properties, sources said, “Forget about the irregularities. It’s really unfortunate that no proper audit was carried out against such properties by the authorities concerned for reasons best known to them in the past. So, the ground for massive corruption and irregularities was created by those who are at the helm of affairs in the Board only.”

Expressing serious concern over the issue, sources further said that the management of the properties of the Assam Board of Waqfs has adopted the option of “serving notices” to the alleged defaulters, as they feel it is the only option left for them.

“Serving notices to defaulters has become the TINA syndrome for them. And they are following it seriously. But that too has been adversely affected, as the Board doesn’t have sufficient manpower and necessary infrastructure for this,” sources alleged.

Reform the Need of the Hour

Stressing the need for proper reforms and stringent steps against those involved in the corruption of Waqf properties in Assam, senior lawyer, social activist and former chairman of Assam Board of Waqfs, Nekibur Zaman said the properties of the Board were donated by some great people for society’s benefit. “The authorities concerned should respect that sentiment and take appropriate steps so that such properties can be used for the benefit of mankind only—nothing else,” he said.

Abdul Wadood, a college teacher who also keeps a close eye on the development of the Assam Board of Waqfs, said the system of working of the Board should be changed at the earliest.

“Waqf property is a huge and complex chapter for everyone in the society. In Assam, nobody has a proper idea about the geographic locations, quantity, and quality of such properties spanning across the state. People don’t have a proper idea about the exact number of people who donated such properties over the years. They don’t even have any idea about issues like the details of the beneficiaries, how they are benefitted, etc,” he regretted.

Controversies Mar New Law

While a section of society has wholeheartedly welcomed the Narendra Modi-led government’s initiative for the Waqf Amendment Act, 2025, a large section of the masses, especially those from the Muslim community, have vehemently opposed the recommendations of the Act.

Various “problematic” clauses incorporated in the new Act may also destroy the fundamental system of Waqf administration, claim those opposing the new law.

A large section of the community has alleged that provisions in the new law, like the formation of the Waqf management board and committees and their composition, the provision for determining Waqf properties, and the control of the Central Government over Waqf properties, have created mistrust in society.

The new law, Waqf Amendment Act, 2025, which encourages the appointment of non-Muslim members in the Boards, directly intervenes with the community’s right to manage its affairs, some Muslim scholars said on condition of anonymity.

“Waqf Board or Waqf properties are related to Muslims. The government should allow the persons of this community to control and manage the Board. The government should also work actively so that such properties can be used for the benefit of society only,” Nurul Ahmed, a retired bureaucrat, said.

Also, the applicability of the Limitation Act, 1963 to Waqf properties is seen by many as opening up possibilities of claiming titles through adverse possession by persons who have unlawfully possessed Waqf properties for more than 12 years.

Thousands left unsure about future

The amendment to the Waqf Act has left thousands in Assam residing or doing business on lands belonging to the Waqf Board for decades in a state of confusion. Will they have to leave?

The straight-forward answer to this is: Yes. 

But the issue is not as simple.

KR Choudhury, whose family has been running a business on land that belongs to the Waqf Board in the Fancy Bazar area of Guwahati, Assam, since pre-Independence, said the issue has become very complex.

“Nobody has a proper idea about the standing laws in this regard. Even the leading advocates of the country are delivering some contradictory statements,” he said.

Choudhury further informed that notices have already been served to those on Waqf Board land in the Fancy Bazar area, a commercial hub of Northeast India.

“Yes, notices have already been issued to almost everyone in this regard at the Fancy Bazar area. But what will happen to the standing civil laws of the country? Everyone is confused. Only time will tell about the fate of these properties here,” he added.

Meanwhile, a large section of people residing on Waqf Board land in Fancy Bazar also alleged that high-profile land mafias are actively involved in the issue.

“Even the higher-ups in the Board are also protecting these mafias to gain their vested interests. The issue is very complex. The government, with active support from civil society and proper monitoring by the apex court of the country, should try to solve this vexed issue, keeping the greater interest of society in mind,” said a section of senior members in the Muslim community who are continuously monitoring the issue.

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