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

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8 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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Maharashtra

Mumbai Civic Healthcare Goes Digital: BMC Launches Health Chatbot To Improve Access, Transparency And Efficiency

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3 hours ago

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December 15, 2025

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Mumbai, Dec 15: In a major step towards strengthening digital public healthcare, the Brihanmumbai Municipal Corporation (BMC) on Monday launched a health chatbot aimed at improving accessibility, transparency, and efficiency of healthcare services for citizens.

The digital service was inaugurated by State Minister for Information Technology and Cultural Affairs and Mumbai Suburban District Guardian Minister Ashish Shelar. The initiative marks another milestone in BMC’s ongoing efforts to integrate technology with civic health services.

As part of its digital transformation drive, the health chatbot will provide citizens with easy access to verified health-related information, including disease awareness, preventive care, public health campaigns, and details of nearby healthcare facilities. The chatbot is available on the mobile number 9892993368.

BMC Commissioner and Administrator Bhushan Gagrani said the initiative aligns with the civic body’s vision of making public health information easily accessible through digital platforms. Technology-driven services, he noted, will save citizens’ time and play a crucial role during healthcare emergencies.

Through the chatbot, citizens can access information on online OPD appointment registration, health certificates, licensing procedures, birth and death certificates, marriage registration, disability certificates, and maternity home licences. An online registration facility for health centres is expected to significantly reduce waiting times and improve convenience.

In the coming months, the chatbot will also provide details of state and central government health schemes. The BMC further plans to launch a dedicated healthcare website, along with OPD and bed-availability dashboards, to simplify access to health services and real-time information for Mumbai’s residents.

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Crime

Mumbai Crime: TV Actor Anuj Sachdeva Assaulted Over Parking Dispute In Goregaon Housing Society; FIR Registered

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4 hours ago

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December 15, 2025

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Mumbai, Dec 15: Actor Anuj Premchand Sachdeva, 40, was allegedly assaulted with a stick by another society member, Pradeep Singh, after the actor complained about a car being wrongly parked and later over Singh being angered by his dog barking, on the night of December 14 at Harmony Mall Residency in Goregaon West.

Following the incident, Sachdeva filed a complaint at the Bangur Nagar police station, and on Monday, an FIR was registered against Pradeep Singh. The incident caused a stir after the actor shared a video of the assault on social media.

According to the FIR, the actor resides in flat number 701 of Harmony Mall Residency, located on Link Road in Goregaon West. On Sunday, at around 10.30 pm, Sachdeva was walking his dog, named Simba, in the society’s parking area. At that time, he posted a photograph of a car parked out of a parking slot in the society’s WhatsApp group.

While the actor and his friend, Priyanka Pereira, were talking around 10.45 pm, an enraged resident, identified as Pradeep Singh, arrived at the spot and began arguing with him. Singh reportedly told Sachdeva that he would not remove his car and challenged him to do whatever he wanted.

During the argument, the actor’s dog barked, which further angered Singh. He allegedly picked up a wooden stick from the watchman and attempted to hit the dog. However, Pereira moved the dog away.

In a fit of rage, the accused then allegedly assaulted Sachdeva with the stick, striking him on the head, back, and right leg, causing injuries. Singh is also accused of threatening Pereira by saying, “You are a woman, stay at home,” and threatening to kill the actor.

Sachdeva recorded the attack on his mobile phone and later shared the video on social media. The altercation stopped after the society’s watchman intervened, following which the accused fled the scene in his car. The complaint further states that Singh threatened that the police could do nothing to him.

After receiving treatment at a private hospital, Sachdeva approached the police, who registered an FIR against Singh under Sections 118(2) (voluntarily causing hurt or grievous hurt by dangerous weapons or means) and 351(3) (criminal intimidation) of the Bharatiya Nyaya Sanhita.

The actor also uploaded the video on Instagram and stated, “I am posting this evidence before this person tries to do any damage to me or my property. He tried hitting my dog and me with a rod for notifying the society group regarding his car, which was parked in the wrong place in the society parking lot in Harmony Mall Residency, Goregaon West. This person is from A Wing, flat 602. Kindly share this with people who can take action. I am bleeding from my head.”

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Crime

ED seizes Rs 79 crore properties of Punjab firm involved in water pollution

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6 hours ago

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December 15, 2025

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Jalandhar, Dec 15: In a money laundering probe related to an environmental crime, the Enforcement Directorate attached properties, including land, building and plant and machinery, worth Rs 79.93 crore belonging to a Punjab-based company involved in water pollution, an official said on Monday.

The Enforcement Directorate (ED), Jalandhar Zonal Office, provisionally attached the immovable properties of Malbros International Pvt Ltd on Saturday in the money laundering investigation related to environmental crime, under the provisions of the Prevention of Money Laundering Act (PMLA), 2002.

The ED initiated an investigation based on a criminal complaint filed by the Punjab Pollution Control Board against Malbros International for violating the provisions of the Water (Prevention and Control of Pollution) Act, 1974, by injection of untreated wastewater through reverse boring into deep aquifers.

The ED investigation revealed that the company (with its industrial unit at village Mansoorwal, Tehsil Zira, District Ferozepur) was involved in the generation and acquisition of Proceeds of Crime by deliberately causing pollution of groundwater by persistently and covertly injecting untreated effluents into deep aquifers through reverse boring.

The company was also accused of repeatedly discharging wastewater onto land, drains, and an adjacent sugar mill.

Its daily functioning involved persistent illegal discharge of untreated effluents into land and groundwater, causing large-scale irreparable ecological damage in the form of water pollution and consequent health hazards, causing crop loss, cattle deaths and serious health impacts for residents of villages around its premises, said a statement.

Earlier, searches were conducted at six locations on July 16, 2024, and an amount of Rs 78.15 lakh cash was seized from the premises of Malbros International Pvt Ltd and its Directors under the provisions of Section 17 of the PMLA, 2002.

In a separate case, the Enforcement Directorate (ED), Shimla, teams conducted search operations at eight premises located in Himachal Pradesh and Punjab on Saturday in connection with an ongoing investigation into a large-scale fake/fictitious cryptocurrency-based Ponzi/Multi-Level Marketing (MLM) scam.

The perpetrators of the scam allegedly duped lakhs of investors belonging to the states of Himachal Pradesh and Punjab to the tune of Rs 2,300 crore

The search operations conducted by the ED resulted in the freezing of three lockers and bank balances/fixed deposits totalling Rs 1.2 crore.

The ED also recovered incriminating documents relating to investments made in numerous immovable properties, including benami properties, which were acquired by the accused individuals by utilising proceeds of crime (PoC) generated through the Ponzi scheme.

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