Supreme Court to hear Waqf amendment case on November 4 after petitioners flag change in status of properties

In September last year, the Court had stayed some provisions of the Act. The petitioners challenging the law argued today that there was a need to urgently hear the matter further.
Supreme Court, Waqf Amendment Act
Supreme Court, Waqf Amendment Act
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The Supreme Court on Thursday said it would petitions challenging the validity of the Waqf (Amendment) Act, 2025, including pleas for further interim relief, on November 4.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi briefly heard the matter today, when concerns were raised about the changing status of waqf properties while the case continues to remain pending.

Justice Surya Kant and Justice Joymalya Bagchi
Justice Surya Kant and Justice Joymalya Bagchi

Notably, in September 2025, another Bench of the Court had granted limited interim relief, staying some provisions of the Act but allowing the operation of several other key provisions to continue.

Senior Advocate Nizam Pasha, representing the petitioner side, today urged the Court to fix a date for hearing the matter as the Act's continued operation was giving rise to serious consequences.

"The Limitation Act, they say, would now become applicable. So Waqf properties, if they are not defined within that period, would be affected immediately. Waqf-by-user is also being affected. An interim order was passed about one and a half years back. If the matters are not heard, the consequences would be serious. I only request a date," he said.

The Court noted that several intervention applications have now been filed in the matter.

"A lot of Waqfs are having their status changed on account of oral Waqfs and Waqf by user no longer being recognised; any change in their status may be permanent and irreversible. Therefore, any action taken against a property qualifying as Waqf is sought to be brought before the Court through an IA. That is probably why the interventions are ballooning," Pasha remarked in his reply.

He went on to observe that the case is yet to be alloted to a specific Bench. The matter was last heard by then-CJI BR Gavai and Justice AG Masih, both of whom have since retired.

"Any appropriate Bench may hear it, subject to the Court's decision. But the matter has to be heard. There is urgency. The status of properties is changing. The Limitation Act has been made applicable for the first time. Even in existing disputes, the character of the property may change because the earlier protection is no longer available. It is an everyday concern that Waqf property may lose its status and character while the challenge remains pending," Pasha urged the Court.

The Court proceeded to allow an intervention application filed by one Shambir Singh in the matter and tagged it with the main batch of petitions challenging the Waqf Amendment Act.

"We are listing it on Tuesday, November 4," the Court added.

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