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The Supreme Court on Thursday reserved orders on the aspect of staying the Waqf Amendment Act 2025, observing that the requirement of keeping an inventory of Waqf properties, including Waqf by user, has been the norm for over 100 years since the first enactment on such properties was introduced in 1923...Closing arguments after a marathon hearing of three days, the bench headed by Chief Justice of India (CJI) Bhushan R Gavai and justice AG Masih observed, “We have seen the law since the Mussalman Waqf Act of 1923. Technically, the 1923 law did not have a provision for registration but information about the waqf had to be provided. From the Waqf Act, 1954 registration was required. There was a report of 1976 which revealed why registration was necessary. From 1923 till 2025, for over 100 years, the scheme of various enactments had emphasised on registration.” - https://www.msn.com/en-in/news/India/supreme-court-reserves-judgment-on-interim-stay-of-waqf-act/ar-AA1Fjg2U ...
The court was responding to arguments made by senior advocate Kapil Sibal appearing for one of the petitioners challenging the 2025 Act who argued that it was wrong to put the onus of registration on the custodian of waqf properties as beginning 1954, the law required states to survey and identify waqf properties. Registration was a crucial aspect stressed by Centre as only those waqf by user properties which are registered and not disputed to be on government land, would receive protection under the 2025 Act.
Waqf Act, 1995 challenged in Supreme Court www.barandbench.com/news/waqf-act-1995-challenged-supreme-court Murali Krishnan The petition filed through advocate Vishnu Shankar Jain by two individuals has alleged that the Uttar Pradesh Sunni Waqf Board (UP Waqf Board) taking advantage of powers conferred by the Act under Waqf Act,1995, has captured a number of public properties including religious properties of Hindus.
The petition also refers to Section 40(3) of the Act as per which the Waqf Board can, if it has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 or under the Societies Registration Act, 1860 or under any other Act, is waqf property, hold an inquiry with respect to such property and if after such inquiry is satisfied that such property is waqf property, call upon the trust or society to register such property as waqf property.
The petitioners have submitted that the effect of Section 40(3) is that Board, which consists of only Muslim members, can declare any property belonging to the trusts or society of Hindu or any non-Islamic religious denomination as Waqf property.