Delhi HC seeks Centre, State, Central Waqf Council response on plea challenging provisions of new Waqf Act
The Delhi High Court has issued notice to the Centre and the Delhi government on a petition challenging key provisions of the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 2025, citing concerns that the law could enable eviction and dispossession of Waqf property tenants.
Muslim people participated a human chain on Waqf amendment bill issue at Rajabazar in June 2025 in Kolkata. (Express photo)
The Delhi High Court on Monday issued notice to the Centre as well as the Delhi government in a plea challenging the constitutional validity of provisions of the new Waqf Act arguing that it could lead to dispossession of tenants.
A division bench of Chief Justice DK Upadhyaya and Justice Tejas Karia on Monday sought replies from the Centre through its ministries of minority affairs, and law, Central Waqf Council, Delhi Waqf Board and the Delhi government.
A petition filed by members of the Delhi Waqf Tenant Welfare Association Satya Bhushan and three others, have challenged the sections 3 (ee), 32, 54, 56, 83, 85 and 88 of Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 2025 and Rules 4, 5, 6, 7, 18 and 19 of the Waqf Properties Lease Rules.
Under section 3 (ee), the petitioner has submitted that the definition of “encroacher” has been expanded to now include a person whose tenancy has expired or has been terminated.
This, according to the petitioner, is in contrast to the protection granted under the Delhi Rent Control Act (DRCA)
The petitioner argued that the amendments under the new Act in sections 54, 56 and 83 provide for dispossession of tenants occupying the premises after termination of lease.
Further, they submitted that the new sections gives the Waqf Tribunal the jurisdiction to decide questions tied to eviction of tenant or determination of rights and obligation of the lessor and lessee of Waqf Property, despite the protection granted under the Slum Area (Improvement and Clearance) Act 1956 and the DRCA.
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