Why different laws for Waqf properties and Temples ? : Hindu Vidhidnya Parishad

Hindu Vidhidnya Parishad (HVP) asks the State Government

Mumbai (29^th June 2025) – Permission to use Government machinery to remove encroachments on buildings registered with the Waqf Board has been granted by the Congress Government. For this, in the year 2008, an amendment was made to the Maharashtra Government Premises (Eviction) Act, 1956. Even though temples as well as Waqf properties are religious places, Government machinery is provided to remove encroachments on Waqf Board land; but for temples, the trustees have to approach the courts. In this way, there are separate laws for temples and the Waqf Board. This is against the Constitution. The benefit given to the Waqf Board should also be given to temples; otherwise, benefits to the Waqf Board should also be stopped.

A letter to this effect has been written by Adv. Virendra Ichalkaranjikar (National President of Hindu Vidhidnya Parishad) to the Maharashtra Government demanding action on this matter.

This letter states the following facts :

1. If anyone is staying unauthorizedly in a Government building or space, then to evict them and to recover rent or related expenses, the Government passed the Maharashtra Government Premises (Eviction) Act in 1956. This Act has been amended from time to time.

2. A significant amendment made during the Congress rule was in 2008, where rules applicable to Government land were also applied to Waqf Board land. This means, if there is encroachment on Waqf Board land, the Waqf Board does not need to go to court; the Government machinery is expected to act directly. In contrast, temples must approach civil courts.

3. Likewise, if the Waqf Board wants to use its property for any other purpose, it does not need to go to a civil court. It must file a complaint with the Government, and the Government machinery will act on it and vacate the said land/building and hand it over to the Waqf Board. If any rent is pending with the Waqf Board, it will also be recovered like land revenue, as per the provision in this Act.

4. The same facility given to Waqf Board land like Government land has not been given to temples. If someone encroaches on the land of temples registered with the Charity Commissioner, to recover their land, the trustees have to approach the courts, not the Government. Why different rules for Waqf Board properties and temples ? Why don’t temples get the same benefits as the Waqf Board ? Either Section 2 of this Act should include temple lands and buildings just like Waqf Board, or the Waqf Board should be excluded from it.

The benefit given to the Waqf Board should also be given to temples; else, benefits to the Waqf Board should be stopped !