The Centre on Wednesday told the Supreme Court that nobody can claim right over government land and it is legally empowered to reclaim properties which are declared waqf by using the waqf by user principle.
Waqf by user refers to a concept where a property is recognised as waqf based on its long-term use for religious or charitable purposes, even without formal documentation.
Responding to the submissions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, Solicitor General Tushar Mehta commenced advancing his arguments on behalf of the Centre before a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih.
“Nobody has the right over government land,” the top law officer said.
“There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf,” he said.
At the outset, the law officer said no affected parties have moved the court and “it is nobody’s case that Parliament does not have the competence to pass this legislation.”