Half of Maharashtra Waqf land 'encroached'; Mahayuti govt set to launch crackdown

With the Waqf (Amendment) Bill, 2025 getting Presidential assent, the Maharashtra government may soon launch a crackdown against the alleged encroachments on Waqf land and the people/institutions involved in it.

Also read: Andhra waqf boards struggle with encroachment; will new law bring respite?

Chief Minister Devendra Fadnavis has said that his government will initiate action against the encroachments and the people involved. He also alleged that Congress leaders are also involved in grabbing Waqf land. “The new law will help us bring in transparency and, in turn, transform the lives of poor Muslims. The existing law has no provision of appeal if someone grabs Waqf land, but the amendment has afforded us this facility,” he was quoted saying in a section of media.

GIS mapping of Waqf land

Interestingly, as per the figures released by the Maharashtra State Board of Waqf (MSBW), almost half the Waqf land in the state is "under encroachment"—a total of 23,566 properties on 92,247 acres. Among the regions, Marathwada has the maximum (60 per cent) Waqf properties "under encroachment". The region also has the highest number of Waqf properties in the state—15,877 properties on 57,133 acres.

The BJP-led Mahayuti government in Maharashtra has already swung into action by starting the process of mapping Waqf land through Geographic Information System (GIS) and inviting bids for the ₹8-crore tender. The government intends to remove encroachments and restore the illegally occupied land.

Over the years, the Waqf Board has taken legal action in 1,088 cases filed under Section 54 of the Waqf Act, 1995, which deals with encroachment on Waqf properties. Of these cases, only 21 orders have been executed for the removal of encroachments on these usurped properties, while 250 cases are under review with the Waqf Board and Tribunal.

According to a report submitted by the Waqf Board to the government, the district collectorates have not moved in 483 cases, where orders have been issued for the removal of encroachments under Section 55 of the Waqf Act. The board and tribunal have also issued 21 orders for restoration of properties over the years, but no action has been taken.

Inquiry commission report

In 2007, the state government set up the ATAK Shaikh Commission to conduct an inquiry into the alleged encroachment of Waqf land in the state.

Also read: Waqf (Amendment) Bill brings to fore raging 13-year row in Karnataka

The move came after a few cases of Waqf land grab by individuals, politicians, and their institutions came to light. In its report submitted in 2015, the Commission named some leaders from the Congress and the NCP in connection with the misappropriation of land.

The Commission also recommended action against the people involved and the restoration of the land to the Waqf board, but no action was taken. In May 2015, during the tenure of the BJP-Shiv Sena government, the then revenue minister Eknath Khadse announced that a special law would be brought in to restore land that was encroached on or sold illegally, but no bill was tabled by the government.