Supreme Court: Waqf Amendment Act Hearing to Address Interim Relief

• The Supreme Court will hear challenges to the Waqf (Amendment) Act, 2025, on November 4, including pleas for further interim relief.
• Concerns were raised that the Act's continued operation is causing irreversible changes to the status of waqf properties.
• Senior Advocate Nizam Pasha highlighted that the Limitation Act could become applicable, and "Waqf-by-user" properties are being adversely affected.
• Many "oral Waqfs" and "Waqf-by-user" properties are losing their recognized status, leading to permanent alterations.
• A previous limited interim relief was granted in September 2025, but key provisions of the Act remain in force.

The court was apprised that any such alteration in property status could be permanent and irreversible, solidifying the urgency of the November 4 hearing for the Waqf (Amendment) Act 2025 validity.

The Supreme Court is set to hear petitions on November 4 concerning the validity of the Waqf (Amendment) Act, 2025. This crucial hearing will also consider requests for further interim relief, as the ongoing operation of the Act has prompted significant concerns regarding the status of numerous waqf properties. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi briefly addressed the matter, acknowledging the urgency of the situation.

The court's decision to schedule a dedicated hearing follows a period where the legal challenges to the Act have been pending, while its provisions continue to impact property designations. Notably, in September 2025, a different Supreme Court bench had issued limited interim relief, which stayed certain aspects of the legislation. However, several other key provisions of the Waqf (Amendment) Act, 2025, were permitted to remain in effect, leading to the current predicament.

Senior Advocate Nizam Pasha, representing the petitioners, strongly urged the Supreme Court to set an early date for the hearing, emphasizing the severe consequences stemming from the Act's continued enforcement. Pasha articulated that the ongoing operation of the legislation is creating a critical situation for waqf properties across India. He specifically highlighted that the "Waqf-by-user" recognition, a traditional method of establishing waqf status, is being significantly undermined.

A primary concern raised by Pasha is the potential applicability of the Limitation Act, which could render properties vulnerable if their waqf status is not formally defined within specific timeframes. He warned that properties not categorized within the stipulated period could be immediately affected, leading to a loss of their protected status. The Senior Advocate underscored that an initial interim order was issued approximately one and a half years prior, and the lack of a full hearing since then has exacerbated these serious consequences.

The Supreme Court acknowledged the widespread nature of the issue, noting that a substantial number of intervention applications have been filed in the case, indicating broad concern across the community. This influx of applications underscores the significant "India Waqf properties status change" occurring due to the Act's provisions. The court's observation points to a systemic impact beyond the initial petitioners.

A critical aspect of the ongoing changes is the non-recognition of "oral Waqfs" and "Waqf-by-user" under the current operational provisions of the Act. This shift means that many properties previously considered waqf based on traditional or usage-based criteria are now having their legal status altered. The court was apprised that any such alteration in property status could be permanent and irreversible, solidifying the urgency of the November 4 hearing for the Waqf (Amendment) Act 2025 validity.

Lawyers advising clients with waqf properties must closely monitor the Supreme Court's November 4 hearing, as the continued operation of the Waqf (Amendment) Act, 2025, is causing significant and potentially irreversible changes to property status, particularly for 'Waqf-by-user' and 'oral Waqfs', and could trigger the applicability of the Limitation Act. Counsel should assess current property designations and advise clients on potential risks and necessary actions before the ruling.

Source: Original reporting via legal news outlet