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Waqf Act amended to prevent encroachment of government properties, Centre to SC

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6 months ago

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New Delhi, Apr 25: The Centre, in an affidavit filed before the Supreme Court, said that it brought amendments to the Waqf Act, 1995, to prevent abuse of waqf legislation which resulted in the encroachment of government properties, apart from ensuring that the Waqf Boards in the country are properly administered and function with transparency.

“It is submitted that there have been reported misuse of waqf provisions to encroach private properties and government properties. It is really shocking to know that after the amendment brought in the year 2013, there is a 116 per cent rise in auqaf area,” said the preliminary affidavit filed by the Union Ministry of Minority Affairs.

The Centre, in its reply document filed before the top court, said that it was found that most of the Waqf Boards have been functioning in the “most non-transparent manner” and have either not uploaded the details in public domain or have uploaded partial details.

“In an era of transparency, it is absolutely necessary that all details concerning waqf/waqf boards be uploaded in Waqf Asset Management System of India (WAMPSI) portal,” it contended.

The Union government said that under the old regime, due to the absence of adequate safeguards, government properties and even private properties were declared as waqf properties.

“The provisions of Sections 3A, 3B and 3C take care of the said situation which has been prevailing since several decades. It is submitted that there are startling examples whereby the government lands or even the private lands were declared as waqf properties,” it said in the affidavit.

The Union government said that the Waqf (Amendment) Act, 2025, was passed with the objective of modernising the management of waqf properties in India through transparent, efficient and inclusive measures. It argued that the reforms introduced are directed solely at the secular and administrative aspects of waqf institutions – such as property management, record-keeping, and governance structures – without impinging upon any essential religious practices or tenets of the Islamic faith. The affidavit highlighted that despite there being a regime of mandatory registration of all kinds of waqf, including ‘waqf by user’, making registration mandatory, individuals or organisations used to claim private lands and government lands as waqf including under ‘waqf by user’ which not only lead to deprivation of valuable property rights of individual citizens but similarly unauthorised claims over public properties.

“While registration of all kinds of waqfs (including ‘Waqf by user’) has always been mandatory, the legal regime never required the waqf deed as a mandatory condition. In other words, it was mandatory to register ‘Waqf by user’ even in the absence of a waqf deed by giving other details for more than 100 years.”

Referring to the recently introduced Section 36(1A), the Centre said that the 2025 amendment provides that a waqf may now be established only through a valid deed of waqf. It clarified that the amendment to Section 36 has not interfered with the status of existing/registered auqaf by user, and any existing property which has been registered as waqf by user will retain its status.

The Union government said that a proviso has been inserted in Section 3 by the Waqf (Amendment) Act, 2025, making it clear that the mandatory requirement of a ‘waqf deed’ applies prospectively from the date of the 2025 amendment i.e., if any new waqf is created after April 8.

“Waqfs by user registered before the amendment would therefore continue to be treated as waqf in terms of the proviso,” the Centre said.

The preliminary reply document filed by the Union government said that before introducing the Waqf (Amendment) Act, 2025, there has been a detailed executive level and Parliamentary level exercise in order to understand the problems plaguing the previous statutory regime, the consequences, and the appropriate measures that were required to remedy the same.

The Centre contended that the “primary religious right being the right to make a dedication is not interfered with, and neither is the administration of any specific waqf interfered with as the same continues to be vested with the mutawalli as per the purpose behind such waqf”.

The affidavit said that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and will decide the matter finally, as there is a presumption of constitutionality that applies to laws made by Parliament.

“While the Hon’ble Court would undoubtedly have the power to examine the constitutionality of the law, at the interim stage, the grant of an injunction against the operation of any provision of the law, either directly or indirectly, would be violative of this presumption of constitutionality which is one of the facets of the delicate balance of power between the different branches of the State,” it added.

In the hearing held on April 17, a bench headed by CJI Sanjiv Khanna had granted a week’s time to the Centre and state governments and the Waqf Boards to file their preliminary reply to the petitions challenging the validity of the Waqf (Amendment) Act, 2025.

The Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, had taken on record the assurance given by the Union government that it would not de-notify provisions related to ‘waqf by user’ or include non-Muslim members in the Waqf Board.

Posting the matter for further hearing on May 5, the CJI Khanna-led Bench clarified that the hearing fixed on the next date will be a preliminary hearing and, if required, interim orders will be passed.

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National News

Aurangabad railway station renamed to Chhatrapati Sambhajinagar station

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20 hours ago

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October 18, 2025

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Mumbai, Oct 18: The Maharashtra government has issued a gazette notification to rename the Aurangabad railway station to Chhatrapati Sambhajinagar station.

The government’s move comes two years after the name of Aurangabad city was renamed to Chhatrapati Sambhajinagar. The government’s move coincided with the ongoing preparations by ruling MahaYuti and opposition Maha Vikas Aghadi for the local and divic body elections.

The BJP-led MahaYuti government issued a gazette notification on October 15 to rename the Aurangabad railway station to Chhatrapati Sambhajinagar station. The renaming process, though, was originally initiated by the Shiv Sena-led Mh Vikas Aghadi government.

Aurangabad was originally named after Mughal Emperor Aurangzeb, and the renaming was done to honour Chhatrapati Shivaji Maharaj’s son Chhatrapati Sambhaji Maharaj.

Aurangabad railway station was opened in 1900. It was made by the 7th Nizam of Hyderabad, Mir Osman Ali Khan. The railway station is located on the Kacheguda–Manmad section. This section mainly serves Chhatrapati Sambhajinagar city (formerly Aurangabad). The station falls under the Nanded division of the South Central Railway zone. It has rail connectivity with major cities in the country.

Chhatrapati Sambhajinagar city is a tourist hub, surrounded by many historical monuments, including the Ajanta Caves and Ellora Caves, which are UNESCO World Heritage Sites. It is also known as the City of Gates, each of which has a local history, built during the Mughal Era, and 2 ASI-protected monuments (Bibi ka Maqbara and Aurangabad caves), as well as many more within city limits.

The demand for the renaming of Aurangabad sprang up in the late 1980s. Over 25 people were killed in a communal riot in 1988, and in the subsequent elections, the Shiv Sena won the Aurangabad municipal corporation elections.

On May 8, 1988, Bal Thackeray announced the renaming of the city to ‘Sambhaji Nagar’ and a resolution was passed by the municipal corporation in 1995. Following this, the then Shiv-Sena-led government issued a notification seeking objections and suggestions from the people.

However, on September 16, 2023, the Eknath Shinde-led government issued a government notification to rename the Aurangabad district to Chhatrapati Sambhajinagar, following approval from the special state cabinet meeting.

Chief Minister Devendra Fadnavis last month announced that Chhatrapati Sambhajinagar will become the country’s Electric Vehicle (EV) capital, as it is a favoured investment destination.

He further stated that Chhatrapati Sambhajinagar can be called a favourite investment destination. The investment by Hyundai shows that companies are preferring cities like Chhatrapati Sambhajinagar.

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National News

Mumbai Railway Update: Central Railway To Operate Mega Block Between Vidyavihar And Thane On Oct 19 For Maintenance Work

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20 hours ago

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October 18, 2025

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The Central Railway, Mumbai Division, will operate a Mega Block on its Main Line suburban sections specifically on the 5th and 6th lines between Vidyavihar and Thane stations to carry out various engineering and maintenance works on Sunday.

A block will be in force on the 5th and 6th lines between Vidyavihar and Thane stations from 8:00 am to 1:30 pm.

The following UP Mail/Express trains will be diverted on the UP Fast Line at Thane and re-diverted at Vidyavihar station. These trains are expected to arrive at their destinations 10 to 15 minutes late.

11010 Pune–CSMT Sinhagad Express

12124 Pune–CSMT Deccan Queen

13201 Patna–LTT Express

17221 Kakinada–LTT Express

12126 Pune–CSMT Pragati Express

12140 Nagpur–CSMT Sevagram Express

22226 Solapur–CSMT Vande Bharat Express

12168 Banaras–LTT Express

12321 Howrah–CSMT Express

12812 Hatia–LTT Express

11012 Dhule–CSMT Express

The following Down Mail/Express trains will be diverted on the UP Fast Line at Vidyavihar and re-diverted at Thane station. These trains will also arrive 10 to 15 minutes late.

11055 LTT–Gorakhpur Godan Express

11061 LTT–Jaynagar Express

16345 LTT–Thiruvananthapuram Netravati Express

17222 LTT–Kakinada Port Express

There will also be a block on the CSMT–Chunabhatti/Bandra Down Harbour Line from 11:40 am to 4:40 pm and on the Chunabhatti/Bandra–CSMT Up Harbour Line from 11:10 am to 4:10 pm.

Down Harbour Line services to Vashi/Belapur/Panvel, leaving CSMT from 11:16 am to 4:47 pm, and services to Bandra/Goregaon, leaving CSMT from 10:48 am to 4:43 pm, will remain suspended.

Up Harbour Line services for CSMT, leaving Panvel/Belapur/Vashi from 9:53 am to 3:20 pm, and from Goregaon/Bandra from 10:45 am to 5:13 pm, will also remain suspended.

Special services will operate between Panvel and Kurla (Platform No. 8) at a 20-minute frequency during the block period.

Additionally, Harbour Line passengers are permitted to travel via the Main Line and Western Railway between 10:00 am and 6:00 pm during the block.

These maintenance Mega Blocks are crucial for the upkeep and safety of railway infrastructure. The Railway Administration has requested passengers to bear with the inconvenience caused and to plan their journeys accordingly.

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Crime

Tripura Police intensify anti-drug operations, seizes narcotics

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22 hours ago

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October 18, 2025

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Agartala, Oct 18: The Tripura Police, in coordination with intelligence agencies, have intensified their anti-narcotics operations over the past 10 days, leading to significant seizures of contraband substances across the state, Chief Minister Manik Saha said on Saturday.

Taking to various social media platforms, the Chief Minister Saha informed that during the past 10 days, the police recovered 896 kg of ganja (cannabis), 90,617 bottles of cough syrup, 180 highly addictive methamphetamine tablets, and 27.78 grams of heroin from different locations.

A total of 15 cases under the Narcotics Drugs and Psychotropic Substances (NDPS) Act 1985 have been registered, and 16 accused persons have been arrested in connection with the seizures of various drugs.

Saha, who also holds the home portfolio, said that the Tripura Police reaffirmed their commitment to make the state free from the menace of drugs and to bring all key players involved in the illicit trade under the purview of law.

The state government, following a policy of ‘zero tolerance’ towards drugs, has been working resolutely to secure a drug-free future for the youth of Tripura, he stated.

Meanwhile, various security forces, including Assam Rifles, have confiscated drugs worth over Rs 134.50 crore in Tripura in less than three weeks. On Friday (October 17), in a joint operation, security forces recovered drugs worth Rs 4.5 crore from a goods train stationed at the Jirania railway station in West Tripura district, arriving from Delhi.

A senior official said that the Tripura Police, Assam Rifles, Government Railway Police (GRP), Special Task Force (STF) and the Customs jointly conducted a thorough search of the goods train and recovered 90,000 bottles of banned Eskuf Cough Syrup, which contains Codeine Phosphate and Triprolidine Hydrochloride, substances commonly misused as narcotics in India and neighbouring Bangladesh.

Police have continued their search operations to trace the main accused responsible for transporting the banned Eskuf cough syrup by train from Delhi.

On October 6, in one of the major drug hauls, the Assam Rifles, in close coordination with Customs officials, seized contraband valued at Rs 70 crore in Tripura’s bordering Khowai district and arrested four drug peddlers.

Acting on secret inputs, the joint team of Assam Rifles and Customs officials intercepted two trucks carrying cement as cover cargo for narcotics trafficking and recovered 69.61 kg of highly addictive methamphetamine tablets valued at around Rs 70 crore.

A Defence spokesperson had said that the October 6 operation was a follow-up to a successful operation conducted on September 29 in the bordering Mohanpur area of West Tripura district. The September 29 operation led to the recovery of 60.77 kg of banned methamphetamine tablets worth Rs 60 crore.

A senior police official said that the drugs seized on September 29 and October 6 might have been smuggled from Myanmar and transported through Mizoram and southern Assam to Tripura, from where they were intended to be smuggled into neighbouring Bangladesh.

Tripura, which shares an 856-km border with Bangladesh, is surrounded on three sides by the neighbouring country, making the northeastern state vulnerable to cross-border migration, crimes, illegal trade and smuggling. Except for some patches, most parts of the frontier have been fenced to prevent smuggling, trans-border crimes and illegal infiltration.

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