Maharashtra Government Plans Action Against Waqf Land Encroachments Based on 2011 Inquiry Report

Chhatrapati Sambhajinagar, 15th April 2025: A key report detailing encroachments and irregularities involving waqf land in Maharashtra, which was initially lost in a 2012 fire at Mantralaya, is now central to the state government’s plans to address the issue. The report, compiled by the ATAK Shaikh inquiry commission, was eventually recompiled and submitted in 2015 after the original documents were destroyed in the blaze.

The commission, led by retired district judge ATAK Shaikh, was appointed in 2007 to investigate allegations of illegal transactions and encroachments on waqf properties across the state. After scrutinizing 114 complaints from various districts, the commission made strong recommendations to deal with the issue. However, its findings had remained largely unaddressed until now.

Maharashtra Chief Minister Devendra Fadnavis, speaking after the enactment of the Waqf (Amendment) Act, 2025 on April 8, confirmed that the state government will use the report as a reference to take action against land encroachments and irregular dealings with waqf properties. “We are committed to taking action based on the ATAK Shaikh commission report. An action-taken report will be tabled in the state Assembly, outlining how we plan to address the findings,” Fadnavis stated.

Key Findings of the ATAK Shaikh Report
The inquiry commission investigated waqf land cases in various districts, including Mumbai, Pune, Chhatrapati Sambhajinagar, and several others. It found significant violations related to land encroachments, illegal transfers, and the lack of proper documentation. However, the commission faced limitations due to a lack of cooperation from some government officials and waqf board members, hindering its ability to fully assess the extent of encroachments.

While the commission was unable to complete its work on documenting encroachments and identifying waqf properties illegally occupied by individuals, it successfully examined the legality of land transfers and proposed measures to improve the management of waqf assets. “Our findings show that the mismanagement of waqf land has been systematic, with fraudulent practices like doctored documents, fake no-objection certificates, and tampered land records,” said a source from the commission.

At the time of the report’s submission in 2015, then minorities development minister Eknath Khadse had estimated that out of 1,00,000 acres of waqf land in the state, approximately 70,000 acres had been encroached upon or illegally transferred. Following this, a probe was handed over to the CID to investigate these cases further.

Call for Action
Several political figures, including Congress leader Naseem Khan, have urged the government to act on the commission’s recommendations. Khan said, “The government has ignored the commission’s report for years despite the documented evidence of encroachments. The report named several individuals involved, and it is high time the state acted on these findings.”

The report also highlighted the reluctance of senior officials to cooperate with the inquiry, exacerbating the problem. It noted that encroachments were often legitimized using forged documents, leading to substantial financial losses.

Saleem Mulla, president of the Maharashtra Waqf Liberation and Protection Task Force, emphasized the need for accountability. “The waqf board officials, the chairman, and mutawallis must be held accountable for the misappropriation of waqf land. Criminal action should be taken against them if they are found to have violated the Waqf Act,” Mulla stated.

Challenges in Addressing Encroachments
The commission’s report also identified the failure of the waqf board to effectively remove encroachers. Despite pursuing 1,088 cases, only 21 eviction orders were passed. “We need to act decisively and introduce a system to map waqf properties more effectively,” said Sameer Kazi, Chairman of the State Waqf Board.

To address these challenges, the Maharashtra government has floated a tender for GIS-based mapping of waqf properties. Kazi assured that the state waqf board is working to implement the recommendations of the ATAK Shaikh report. “We are in the process of surveying all waqf properties and ensuring proper documentation. Our goal is to protect these assets and bring transparency to their management,” he added.

Political Response
NCP (SP) Rajya Sabha member and former minister Fauzia Khan criticized the government’s handling of waqf properties. “The government has shown no commitment to acting on reports that affect the Muslim community. The ATAK Shaikh report, like many others, has been left unaddressed. We have little hope that this government will take any meaningful action,” Khan stated.