"Section 40 enabled Waqf Board to usurp any land that it wished": BJP MP Tejasvi Surya on Waqf Amendment Bill

New Delhi [India], April 2 (ANI): Amid the fierce debate on the Waqf (Amendment) Bill, 2025 BJP MP Tejasvi Surya on Wednesday claimed that section 40 of the 2013 act was a "potent cocktail that enabled the Waqf Board to usurp any land that it wished" and described it as a "Frankenstein Monster".
Speaking in the Lok Sabha during a discussion on the Waqf (Amendment) Bill, Surya termed the Waqf Tribunal as a "kangaroo court" whose orders, were "final" and said there was no scope even for appeal.
"The concept of Section 40 - Waqf by User and Oral Waqf was a potent cocktail that enabled the Waqf Board to usurp any land that it wished. Those who had a problem with this were forced to go before the Waqf Tribunal. This Waqf Tribunal was a kangaroo court and its orders were final and you couldn't even go in appeal. On top of this, you had the Limitation Act, If you are an aggrieved party, you had only one year to go before the Waqf Tribunal whose order was final but if you are the Waqf Board, you had no Limitation Act applied on you; even after 500 years, 1000 years you could go and start a claim," he said.
"This was the Frankenstein Monster that was created by the Waqf Act of 2013 where the Waqf Board was judiciary, legislature, executive all rolled in one, there was no concept of separation of powers...," the BJP MP said.
The Amendment Bill seeks to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous Act and enhance the efficiency of Waqf boards by introducing changes updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records.
The Waqf Act of 1995, enacted to regulate Waqf properties, has long been criticised for issues such as mismanagement, corruption, and encroachments. (ANI)