AIMPLB Says Centre Filed Misleading Affidavit In Supreme Court To Claim Rise In Waqf Properties After 2013

The All India Muslim Personal Law Board (AIMPLB) has filed a rejoinder affidavit in the Supreme Court, taking serious objections to the statement made by the Central Government that there was a "shocking increase" in the Waqf properties uploaded in the Central portal after 2013.

The AIMPLB has contended that the Centre has placed incorrect data and sought action against the officer of the Ministry of Minority Affairs for filing a "false affidavit."

It is said: "It appears that in its affidavit Union of India is suggesting that all the properties registered as waqf before 2013, were immediately uploaded on WAMSI Portal, when it became operational. At page 158, the first column with title 'number of properties in 2013' to say that the number of waqf properties reflected therein were the only registered properties is mischievous. The Deponent of the counter affidavit has not been candid to this Hon'ble Court, and it appears has carefully avoided making a statement that 'all the registered waqf properties were uploaded on the web portal in the year 2013'. Since this crucial aspect is missing in the Affidavit, the sanctity of this Chart itself is seriously doubtful."

It appears that a public official, who is also the in-charge of the said portal, has either deliberately suppressed this fact or casually made this Chart to falsely depict a picture which does not exist, the rejoinder alleges.

"The said deponent must file an Affidavit in this regard to state that the number of properties reflected on WAMSI portal, which is controlled by the very same Ministry, contained all the registered waqfs as on 2013. Thus, claim that there has been “shocking” increase in the number of waqf properties since 2013 is a claim that is unsupported and amounts to scurrilous allegation in pleading. This Hon'ble Court has the power to strike off such pleadings."

Centre's data contradicts WAMSI portal figures : AIMPLB

It is further said that the WAMSI portal is a work in progress. It is claimed by the AIMPLB that in whichever way it is to be taken, the figures supplied by the Union Government appear to be in "clear contradiction" with the records maintained by WAMSI portal.

"Even as on date, the data uploaded by the same Ministry or the Agencies working under it, show a different data than what has been stated in Annexure R-1 to the Counter Affidavit. This data reflects that as on 31.10.2024, the number of Waqf estates, as information provided by CEO's of Waqf Boards, is 3,30,008. Whereas the information Table set-out at R-1 of the Counter Affidavit states that in 2025, the “number of properties” is 6,65,476. Both these figures are contradictory, though it has been compiled by the same set of people of the government agencies. Respondent must explain these discrepancies. A true copy of the Waqf Record Computerization Status (2012-2024) taken from the website of WAMSI is enclosed herewith..."

Further, AIMPLB says the Union Government as "playfully" referred to details given in the WAMSI portal as "waqf estates" as "no. of properties". It is stated that as per the Minorities Affairs Information Division, National Informatics Centre, GOI, in a FAQ document dated October 19, 2012, where multiple registration numbers correspond to the same registration date, the State Waqf Board shall treat each as a distinct Waqf Estate.

"However, it is implied that the Waqf Estates gives inference to a larger state which may comprise of land building warehouses, Dargahs etc., as one property if it is created by a common waqif through the same instrument. Obviously, in that situation the waqf estate will be one and different units of the same estate will be part of the same estate. In the averments in the counter affidavit supported by the Chart at Annexure R-1, uses the term “no. of properties”. The Deponent of this Affidavit feels that this terminology has been playfully used to mislead this Hon'ble Court. WAMSI breaks out such properties into 'Manageable Units', and several independent units are registered separately."

"Thus, in instances where a comprehensive Waqf land comprises multiple waqfs—such as dargahs, hospital, mosques, and graveyards, situated within the same premises or patta number, each would be counted separately. Only through such manipulation could the Respondents' statistical claims appear valid, which are in fact wholly erroneous- an exemplification of Mark Twain's famous phrase “Lies, damned lies, and statistics".

The Centre had said that there was a shocking 116% increase of Waqf properties after the 2013 amendment to the Waqf Act.

“It is really shocking to know that after the (Waqf) amendment brought in the year 2013, there is a 116% rise in auqaf area....In other words, till 2013 [the period includes Mughal era, pre-Independence era and post-Independence era], the total area of waqf created was 18,29,163.896 acres of land. It is really shocking to note that after 2013, the addition of waqf lands is 20,92,072.563 acres in just 11 years”, thus totalling more than 39 lakh acres", the Centre said.

The AIMPLB in its rejoinder also submits that the counteraffidavit filed by the Union is "silent" on the sweeping powers given to the Collector: "...despite dedicating more than 50 paragraphs to emphasize the importance and benefits of registration yet fails to explain why an amendment to delete the definition or concept of waqf by user altogether is needed when Section 36 of the 1995 Act requiring registration already exists. The counter affidavit fails to explain why “the baby must be thrown out along with the bathwater”."

The affidavit has been filed in the petition challenging the Waqf (Amendment) Act 2025, which is listed on May 5 before a bench comprising CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice KV Viswanathan.

The affidavit has been settled by Senior Advocate MR Shamshad and filed through AoR Talha Abdul Rahman.