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

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1 year 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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Madhya Pradesh gears up for NEET-UG 2026; CM directs officials to ensure ‘zero-error’ conduct of exam

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11 hours ago

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June 16, 2026

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Bhopal, June 16: With the National Eligibility-cum-Entrance Test (NEET-UG) 2026 scheduled to be held on June 21, Madhya Pradesh Chief Minister Mohan Yadav on Tuesday reviewed the state’s preparedness and directed government officials to ensure a “transparent, secure and error-free conduct” of the examination across all examination centres.

Chairing a high-level review meeting via video conference from the Mantralaya, the Chief Minister said the credibility of a national-level examination depends on meticulous planning and flawless execution.

“NEET is a national-level examination. All preparations must be completed in advance and the examination should be conducted with complete transparency. There should be no lapses or errors at any stage,” Chief Minister Yadav said in statement.

The examination will be conducted at 283 centres spread across 30 districts of the state, with Indore, Bhopal, Gwalior and Jabalpur accounting for the largest number of centres.

The examination will be held from 2 to 5:15 p.m. on June 21 in pen-and-paper mode.

Against the backdrop of heightened scrutiny of competitive examinations in recent years, the Chief Minister directed government officials to strengthen security arrangements and ensure that biometric verification systems, CCTV cameras and jammers are installed at all examination centres by June 19.

He also ordered trial runs of the equipment a day before the examination.

The review meeting paid special attention to Jabalpur, where President Droupadi Murmu is scheduled to visit on the same day.

Chief Minister Yadav instructed district administration and police officials to formulate a detailed traffic management plan to ensure that candidates reach their examination centres without delays.

He also noted that the International Yoga Day programmes would coincide with the examination and said administrative arrangements should be made to prevent any disruption to students.

“No candidate should suffer because of transportation or traffic-related issues. If required, administrative and police officials should assist students in reaching examination centres through available government resources,” the Chief Minister said.

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‘7 MPs of SS(UBT) willing to switch sides’: Shiv Sena MLC amid growing buzz over ‘Operation Tiger’

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15 hours ago

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June 16, 2026

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Mumbai, June 16: Amid the buzz and speculation over ‘Operation Tiger’ intensifying in Maharashtra, suggesting more MPs and MLAs are ready to abandon the Uddhav Thackeray-led Shiv Sena camp, a startling claim from SS (Shinde camp) MLC Krupal Tumane has sent political temperatures soaring within the Opposition ranks.

Krupal Tumane, speaking to media, said, “Out of nine MPs of SS(UBT), seven are willing to work under the leadership of Eknath Shinde. They want to work according to his policies and ensure development of their constituencies.”

“At least seven UBT MPs and 16 MLAs are in contact with us,” he said, emphasising the scale of “discontent and disgruntlement” within the Uddhav camp.

Tumane further stated that the “discussions” with them were in an advanced stage and the switchover may happen sooner rather than later.

The assertions by MLC Krupal Tumane come in the backdrop of heightened speculation of a fresh break-up in the Uddhav camp and how shifting loyalties could shake up the Bal Thackeray-founded party and ‘perennially’ alter the support bases of the two Shiv Sena factions in the state.

The speculations have, however, been refuted strongly by at least two Shiv Sena MPs, including Uddhav Thackeray’s staunch loyalist Sanjay Raut.

SS(UBT) MP Sanjay Raut has rubbished all speculations of ‘Operation Tiger’ and affirmed that the party remains “intact, united and strong”.

Voices of discontent and unease within the camp started surfacing over a recent meeting of the Sena MPs convened at ‘Matoshree’, the residence of Uddhav Thackeray.

Conflicting reports claimed that the informal meet was given a miss by most Sena Parliamentarians, and only a handful turned up. The party later, in a clarification, stated that all the MPs had joined the meeting, though some via virtual mode. This only gave strength to speculations that something was amiss within, as this marked a clear diversion from previous such meets.

Bhausaheb Wakchaure, another Shiv Sena(UBT) MP from Shirdi, dismissed the speculation as merely hearsay and stated that too much was being read into it, for stoking fresh turmoil in Maharashtra politics.

“I am with SS(UBT). These are just speculations; they have been going on for a year. I don’t know why they are going on,” he stated.

“Today, I am standing with UBT; I can’t say about tomorrow; I am not a soothsayer,” he said, giving fresh fodder for political watchers to interpret his remarks.

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Centre refutes reports on deep-sea energy pipeline between India and the Gulf

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17 hours ago

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June 16, 2026

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New Delhi, June 16: The government on Tuesday refuted media reports that it is pursuing a deep-sea energy pipeline, connecting Gujarat to Oman and other Gulf countries.

In a clarification, the Petroleum Ministry said it has noticed a series of media reports suggesting that the Government of India is actively pursuing a deep-sea energy pipeline, sometimes referred to as the Middle East-India Deepwater Pipeline (MEIDP), connecting Gujarat to Oman and other Gulf countries.

“The Ministry of Petroleum and Natural Gas wishes to categorically clarify that no such proposal is currently under consideration by this Ministry. There are no active discussions or negotiations with Oman or any other Gulf countries on this project at any level in this Ministry,” it said in a statement.

“This clarification is issued to put all speculation in this regard to rest,” added the ministry.

Meanwhile, the Malta-flagged LNG carrier DISHA, managed by a Shipping Corporation of India-led consortium, safely transited the Strait of Hormuz on Monday with a cargo of 62,370 metric tonnes of LNG bound for Dahej in Gujarat, and is likely to reach India on June 18.

The government said it remains in continuous coordination with the Ministry of External Affairs, Indian missions abroad, shipping companies, and other relevant stakeholders to ensure the safety and welfare of Indian seafarers and provide all assistance. Port operations across India remain normal, with no congestion reported.

The Directorate General of Shipping (DGS) has also advised shipping companies as well as maritime recruitment and placement agencies to restrict deployment of Indian seafarers to in the Middle East conflict areas until further orders, days after three Indian seafarers onboard MT Settebello were killed after the US military strike on the commercial vessel off the Oman coast.

DG Shipping, in a circular, said masters of vessels operating in or transiting through the Gulf region, including the Strait of Hormuz and adjoining waters, are advised to maintain heightened security awareness, closely monitor navigational warnings received and advisories issued from security agencies, and implement all applicable ship security measures and company security procedures.

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