In Karnataka, currently under Congress governance, the Waqf Board has asserted ownership over 53 historical monuments. This list includes notable sites such as the Gol Gumbaz, Ibrahim Rauza, Bara Kaman, and forts in Bidar and Kalaburagi. Of these, 43 monuments are located in Vijayapura, formerly the capital of the Adil Shahi dynasty, six in Hampi, and four within the Bengaluru Circle.

In 2005, during Mohammad Mohsin's tenure as Principal Secretary of the Health and Family Welfare Department (Medical Education), and concurrently as Chairman and Deputy Commissioner of the Waqf Board in Vijayapura, the board declared these 43 centrally protected monuments as Waqf properties. Mohsin stated that this declaration followed a government gazette notification issued by the Revenue Department, based on 'authentic documentary evidence'.

However, reports indicate that many of these sites have faced encroachment and unauthorized modifications. According to information obtained through an RTI request by Deccan Herald, the Waqf Board declared these 43 centrally protected monuments in Vijayapura as Waqf properties by utilizing the Record of Rights (ROR) or PR cards, documents that assert ownership. The RTI response from the Union government noted that, while the Archaeological Survey of India (ASI) manages the monuments, the Waqf Board assumed encumbrance rights without ASI consultation. Sahil Online

The Archaeological Survey of India (ASI) has expressed concerns over this dual authority, citing conflicts and administrative challenges in managing and preserving these historical sites. The ASI has reported that its staff has been restricted from conducting conservation work in monuments classified as Waqf properties. Unauthorized alterations and additions, such as shops at Atala Masjid and fittings at Mecca Masjid, have compromised the authenticity and integrity of these protected structures. Optimize IAS

The Waqf Board has reportedly utilized the Record of Rights and government-issued certificates to assert ownership over certain properties. However, once a property is under the jurisdiction of the Archaeological Survey of India (ASI), it cannot be de-notified or transferred to another entity. This is strictly prohibited by the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act and Rules of 1958.

An RTI response accessed by Deccan Chronicle stated, "While ASI is the holder of the land/monument, the encumbrance is the Waqf authority. This has been done without consulting ASI." In 2012, a joint survey of these monuments was conducted, during which the Waqf Board did not provide any evidence to substantiate its claims. An ASI official indicated that 43 of these monuments have already been encroached upon by the Vijayapura Waqf Board.

The AMASR Act of 1958 is a legislative framework aimed at preserving and protecting ancient and historical monuments, archaeological sites, and remains of national importance. It regulates archaeological excavations and safeguards sculptures, carvings, and other similar objects, ensuring the preservation of India's rich cultural heritage. The Act designates a 100-meter radius around each monument as a prohibited area, where no construction or alteration is allowed without permission. An additional 200-meter area is classified as regulated, where any construction or modifications require prior approval. The National Monuments Authority (NMA), established under the Act, is the regulatory body responsible for overseeing activities within these zones and granting necessary permissions. Compass

The ASI has expressed concerns over the overlapping authority with Waqf Boards, stating that it hampers conservation efforts. The ASI has reported challenges in conducting conservation work on these monuments due to restrictions imposed by the Waqf Board. Specific issues include unauthorized modifications, such as the installation of unauthorized fixtures in Mecca Masjid, Ahmednagar, and the construction of shops within the enclosure of the Atala Masjid, Jaunpur. In Fatehpur Sikri, the Waqf Board has reportedly appointed its own tour guides, replacing those certified by ASI. Compass

The ASI has also alleged that Waqf representatives engage in commercial activities inside and outside such protected monuments, leading to damage and loss of heritage. The ASI officials pointed out that the protection of monuments and sites commenced with the coming into force of The Ancient Monuments Preservation Act, 1904. Various monuments were declared protected under the Act of 1904. After India’s independence, the concept of national importance came into effect, and all monuments declared protected under the Act of 1904 were given the status of ‘Monument of National Importance’ by the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951. Thereafter, a fresh act came into effect as the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or the AMASR Act. Tribune India

The Waqf Act, 1995, provides power to the board to declare any property or building as a Waqf. In exercise of such power, in several cases, the Waqf boards have issued notifications declaring protected monuments as ‘Waqf Property,’ which results in conflict in the exercise of powers delegated under the AMASR Act, 1958. Tribune India

This situation has led to conflicts and administrative challenges in managing and preserving these historical sites. The ASI has faced criticism for its perceived inaction regarding the Waqf Board's alleged undermining of the integrity of protected monuments. Critics have urged ASI to provide explanations for not using its legislative powers more effectively to address these issues. Compass