Limitation clause sparks concern even as second Waqf survey details are yet to be notified in Telangana

The Hindu

22-04-2025

Even as protests against the Waqf Amendment Act, 2025 continue, and more are scheduled to be held in Hyderabad, including the Telangana March seeking a withdrawal of the legislation on April 26, the Telangana government is yet to publish the details of the second Waqf survey.
According to those familiar with the matter, the second Waqf survey, which was completed earlier this year, enumerated approximately 13,400 properties. However, unlike those listed in the first survey, these comprise much smaller land parcels.
'These smaller properties are like chillas, which are hardly of any size. However, the survey details are yet be finally published. At this point, there is no question of encroachment in the second Waqf survey because these properties are small. The issue of encroachment arises in relation to the first survey, after which it was found that over 75% of Waqf lands were encroached upon,' a senior official of the Telangana State Waqf Board (TGSWB) said.
According to official data, the first Waqf survey listed 33,939 institutions spread over a total of 77,538 acres. Of this, 57,423 acres were found to be encroached upon. However, sources within the Board speculate that the extent of encroachments may have increased since then to about 80% being encroached.
Now, with the new waqf legislation applying the Limitation Act, a move the Union government maintains will reduce prolonged litigation, members of the All India Muslim Personal Law Board (AIMPLB) have expressed concerns that this would enable encroachers to remain in possession of waqf land.
Speaking at a public meeting organised in New Delhi on Tuesday (April 22) to oppose the new legislation, Hyderabad parliamentarian Asaduddin Owaisi, who is also a member of the AIMPLB, quoted a document on waqf properties which he said was released by the Bharatiya Janata Party (BJP), and stated that a majority of properties were encroached upon.
'We want to ask the Prime Minister that when you have admitted that 70% of waqf properties have been encroached upon, you making encroachers owners by applying the Limitation Act. I am certain that in several States, they have already been made owners through land mutation,' he said.
A TGSWB official noted that with the Limitation Act now being applied, encroachers could seek ownership through adverse possession. If this happens, cases could be filed in civil courts rather than the Waqf Tribunal. However, this also raises other challenges, he said, even as he claimed that the case would not be as simple. These include establishing limitation, paying court fees, and filing appeals in case the Waqf institution or Board receives an adverse order.