The ruling effectively overturns contrary interpretations by lower courts and restores the primacy of Waqf law in determining ownership and usage
NEW DELHI — The Supreme Court has ruled that “Service Inam lands attached to mosques are categorised as Waqf property and are therefore inalienable—they cannot be sold, transferred, or otherwise alienated.
The landmark judgment, with wide-ranging implications for religious endowments, was delivered on Friday. The ruling by a bench comprising Justice M M Sundresh and Justice Augustine George Masih overturned an Andhra Pradesh High Court decision in the AP State Waqf Board v. Janaki Busappa & Others. It concerned a 3-acre parcel of land in Kurnool, Andhra Pradesh. Private parties claimed ownership based on sale deeds from 1985 and 1996, asserting the land was “personal inam”.
The court held that such lands are often linked to mosques, with the expectation that income generated from them would support religious or charitable functions.
The apex court observed that once a property is dedicated for religious purposes, it acquires the permanent character of a Waqf. “The nature of the grant and its continued use for religious services clearly establishes its status as Waqf property,” the court noted, adding that such assets cannot be treated as private property under any circumstances.
Importantly, the court clarified that even if such lands were subsequently sold or transferred through private transactions, those actions would not alter their legal status. Any such alienation, the bench said, would be invalid in the eyes of the law.
The ruling effectively overturns contrary interpretations by lower courts and restores the primacy of Waqf law in determining ownership and usage.
The court emphasised that plaintiffs seeking a title declaration must succeed on the strength of their own case and cannot rely on the perceived weaknesses of the defendant’s (the Waqf Board’s) case.
The court said such lands are “impressed with a public or religious trust,” meaning they are perpetually tied to their religious obligations and cannot be treated as private, transferable assets.
The Supreme Court judgment reaffirms key Waqf principles: once dedicated to God for religious or charitable purposes, Waqf property becomes inalienable and must be used solely as intended. The ruling strengthens protections against encroachment and misuse.
With thousands of acres of Waqf land nationwide facing disputes and encroachments, the court’s clarification on Service Inam lands is expected to impact litigation across multiple states.
The verdict may push Waqf Boards to act more proactively to safeguard properties, while private holders of such lands could face new legal challenges.
The decision also underscores that religious endowments cannot be diverted for private gain.