'If there is no temple by the user, then why should there be Waqf by user', SC lawyer Vishnu Shankar Jain raised questions on Waqf properties

Posted on 18th Apr 2025 12:48 pm by rohit kumar

Supreme Court lawyer Vishnu Shankar Jain has questioned the legitimacy of the concept of properties declared as Waqf (Waqf by User). He said that efforts should be made to take back the properties acquired based on Waqf by User.

 

Vishnu Shankar Jain said, there was a Shiva temple in Delhi, which was demolished. It was said that Lord Shiva does not need protection. The Supreme Court upheld this decision. If there is no Temple by User and Church by User, then why should there be Waqf by User? The concept of Waqf by User should be banned. Waqf by User is a property that is considered Waqf based on long-term use for religious or charitable purposes even without documentation.

 

What is the basis of Waqf by User?

 

In simple words, even if the property is not documented, it is considered Waqf property based on Waqf by User because it has been used as Waqf property for many years. Jain said that Parliament has reiterated that government properties declared as Wakf property will be taken back. Jain suggested that all cases related to the Wakf Amendment Act should be taken to a single High Court and a constitutional bench should be formed to hear them within six months.

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