Supreme Court Stops Govt From Denotifying Waqf Lands Disputed As Encroachments Till Tribunal's Decision On Title

The Supreme Court has stayed provisions of the Waqf Amendment Act 2025 that allowed the government to denotify Waqf properties disputed as encroachments on government land. The Court found it prima facie arbitrary to strip such properties of Waqf status before a full inquiry, emphasizing that revenue officers should not determine property title due to the constitutional principle of separation of powers. Instead, property disputes should be adjudicated by Waqf tribunals, ensuring judicial oversight and fairness. The ruling maintains the status of Waqf land during title disputes until judicial determination, while prohibiting the creation of third-party rights by Mutawallis in disputed Waqf properties. The decision seeks to balance government interests in protecting public assets with safeguarding religious and charitable property rights and highlights the importance of judicial rather than executive resolution of property disputes. The Court also called for equitable protection, directing that neither Waqf authorities nor government agencies make changes in title or possession until tribunal proceedings are concluded, underscoring the legal safeguards for religious property and clarifying the separation of powers in such determinations.