New Delhi

The Centre on Friday claimed an addition of 20 lakh acre waqf land post the law's 2013 amendment and flagged "misuse" of waqf provisions to encroach upon private and government properties.

In a preliminary affidavit in the Supreme Court, the Centre urged the bench headed by Chief Justice Sanjiv Khanna to dismiss the pleas challenging the validity of the Waqf (Amendment) Act.

The government termed it "really shocking" that after the amendment brought in 2013, there was a 116 per cent rise in the 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," it claimed.

The Centre, however, said, "Shockingly after 2013, the addition of wakf land is 20,92,072.536 acres."

The affidavit claimed the figures were uploaded by the respective waqfs and waqf boards voluntarily on Waqf Management System of India portal.

The government said it has been the consistent experience that every waqf and every waqf board does not upload the details in public domain to avoid transparency and regulatory oversight.

"By insertion of section 3B it has become mandatory to upload the details and make everything transparent by putting it in public domain," it said.

A window of six months, it said, was given to file details of waqfs on the portal and database under section 3B.

The affidavit said once the updation took place under the amended section 3B, the figures would go up higher.

"In other words, till 2013 (i.e. the period which includes Mughal era, pre-independence era and post-independence era), the total area of waqf created were 18,29,163.896 acres of land. It is really shocking to note that only after 2013, the addition of waqf lands is 20,92,072.563 acres in just 11 years," it said.

The Centre said even the first legislation in 1913 is considered to be the first regulatory measure, 18 lakh acres was occupied by waqf till 2013, that is, in 100 years (and more if we count pre-1913 era also).

It said only between 2013-2024, a "phenomenal increase" of 20 lakh acre was additional and not the total figure.

"The total comes to 39,21,236.459 acres of land," it said.

The Centre said the increase in waqf properties by 116 per cent itself called for a "serious look" at statutory architecture of the 1995 Act (specifically as amended by the 2013 amendments) that protected auqaf particularly in the face of serious complaints of land grabbing and encroachments on private lands, government lands etc., received continuously by the elected representatives.

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The Centre defended the Act and opposed any "blanket stay" by the apex court on a "law having presumption of constitutionality passed by Parliament".

It urged the top court to dismiss the pleas challenging the validity of Waqf (Amendment) Act, 2025, pointing out a "mischevious false narrative" surrounding certain provisions.

The top court will hear the matter on May 5.