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

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4 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

Monsoon Havoc In Himachal Pradesh Claims 257 Lives Since June, 37 Missing And Over 1,000 Houses Destroyed

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3 days ago

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August 16, 2025

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Shimla: The monsoon havoc in Himachal Pradesh has claimed 257 lives since June 20, according to the Himachal Pradesh State Disaster Management Authority (HP SDMA).

District-wise data shows that Mandi (26 deaths), Kangra (28), and Kullu (11) were among the worst-affected in rain-triggered disasters.

Among the deaths, 133 were deaths reported in rain-related incidents such as landslides, flash floods, drowning, and electrocution, and another 124 fatalities in road accidents,.

The cumulative report released on Friday evening paints a grim picture of widespread destruction. The state has also recorded 331 people injured and 37 missing during the ongoing monsoon season.

Landslides and flash floods alone have caused 16 deaths, while 27 people drowned in swollen rivers and nullahs. Other casualties were reported due to lightning, fire, snake bites, electrocution, and accidental falls.

In addition to human loss, the state reported massive damage to property and infrastructure. Over 1,028 houses were fully damaged and another 2,157 partially damaged, besides 285 cow sheds and 699 shops and factories destroyed. Public property worth more than Rs 2,14,403 crore has been lost, including extensive damage to roads, power lines, water schemes, and government institutions.

Animal losses have also been severe, with 1,625 cattle heads and over 25,700 poultry birds perishing in the rains.

The HPSDMA noted that Mandi district alone accounted for the heaviest financial damage, exceeding Rs 1,180 crore, followed by Kangra and Kullu districts.

Meanwhile, Mandi district reported the highest disruption, with 203 roads blocked and 458 transformers out of service, followed by Kullu where 79 roads remain closed, including NH-305 at Jhed (Khanag) due to a major landslide. Water supply schemes were also severely affected in Chamba (24), Kangra (41), and Mandi (44).

In Kinnaur, six roads including NH-5 were blocked after heavy downpours, while Kullu and Lahaul-Spiti reported widespread outages due to flash floods and HT line faults.

Authorities cautioned that intermittent rainfall in the coming days may worsen the situation, and appealed to people to avoid travel through vulnerable stretches.

Officials warned that the situation remains critical with rains expected to continue, urging residents to avoid travel through vulnerable stretches and follow safety advisories.

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National News

Aadhaar-Based Face Authentication Doubles To 200 Crore Transactions In Just 6 Months

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7 days ago

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August 12, 2025

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Aadhaar-based face authentication has set new benchmark, doubling from 100 crore to 200 crore transactions in just 6 months, the government said on Monday.

Aadhaar Face Authentication lets Aadhaar holders verify their identity instantly, securely, and contactless anytime, anywhere, no documents needed.

On August 10, 2025, UIDAI celebrated a landmark 200 crore transactions of Face Authentication, showcasing India’s rapid move towards seamless, secure, and paperless authentication, according to IT Ministry.

The pace of adoption has been exponential. 50 crore transactions were recorded by mid-2024. The number doubled to 100 crore transactions in January 2025 in just about five months. In less than six months, this figure has again doubled, reaching the 200 crore milestone, the ministry informed.

“Reaching 200 crore Aadhaar Face Authentication transactions in such a short time underlines the trust and confidence that both residents and service providers have in Aadhaar’s secure, inclusive, and innovative authentication ecosystem,” said Bhuvnesh Kumar, Chief Executive Officer (CEO), UIDAI.

The journey from 100 crore to 200 crore transactions in under six months is a testament to its scalability and the country’s digital readiness.”

He further added, “From villages to metros, UIDAI is joining forces with governments, banks, and service providers to make Aadhaar Face Authentication a grand success and by giving every Indian the power to prove their identity instantly, securely, and anywhere.”

The swift rise from 100 crore to 200 crore Aadhaar Face Authentication transactions in just six months reflects the core vision of Digital India, transforming the country into a digitally empowered society and knowledge economy.

By enabling instant, secure and paperless identity verification across every corner of the nation, UIDAI is strengthening the backbone of digital governance.

“This milestone is not just about numbers, it is a testament to how inclusive technology, when scaled efficiently, can bridge divides, empower citizens and accelerate India’s journey towards a truly connected and confident digital future,” said the ministry.

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Maharashtra

171 Maharashtra Tourists Safe, Search On For Missing Woman In landslide-hit Uttarakhand

Published

1 week ago

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August 9, 2025

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Mumbai: A woman tourist from Maharashtra has remained untraceable since landslide and flash floods hit Uttarkashi district of Uttarakhand, state Disaster Management Minister Girish Mahajan said on Saturday.

The minister’s office in a statement said that 171 out of the 172 tourists from Maharashtra, who were stranded in the Dharali area, could be contacted, and they were all confirmed safe.

The Statement

“Only one person, Kritika Jain, is still missing, but the authorities are trying to locate her. Efforts are underway to establish contact with the tourist, and the Uttarakhand State Emergency Operations Centre (SEOC) has been instructed to conduct a search for her,” the statement said.

Of the 171 tourists from Maharashtra, 160 are safe at various locations – 31 are in Matli, six in Jolly Grant, and 123 in Uttarkashi – and have continued their journey as planned. The remaining 11 tourists are safe in Harsil and will be airlifted to safety, it stated.

Mahajan is overseeing the rescue operation on-site in Uttarkashi to ensure the safety of tourists.

The Maharashtra State Emergency Operation Centre (SEOC) is in constant touch with its Uttarakhand counterpart, the district control room, the district emergency operations centre in Uttarkashi, and the National Emergency Response Centre in New Delhi.

According to the statement, Chief Minister Devendra Fadnavis is monitoring the situation.

As per information shared by Uttarakhand authorities, the airlift of tourists stranded in Harsil was scheduled for Saturday morning. Army, NDRF, SDRF and local rescue teams are operational in Dharali.

The landslide and floods have damaged roads and disrupted communication networks. Efforts are underway to restore connectivity and basic infrastructure.

A satellite phone has been deployed by IGP Rajeev Swaroop, and the Army has been alerted for immediate response.

The Maharashtra SEOC is coordinating rescue arrangements, updating information, and assisting the concerned families, the statement added.

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