New Delhi, Sept. 16 -- The Supreme Court on Monday prima facie upheld the Union government's move to abolish the concept of "waqf by user" under the Waqf Amendment Act, 2025, observing that the provision had been widely misused to claim vast tracts of government land as waqf property.

The bench comprising Chief Justice of India Bhushan R Gavai and justice AG Masih, while declining to stay the provision, held that the amendment "cannot prima facie be said to be arbitrary."

It noted that the legislature, in enacting the deletion, was addressing a real problem of encroachment of public property under the cover of "waqf by user" - where properties were declared waqf based on long-standing community use rather than formal dedication.

"Not o...