Premium

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.

2 min readJan 20, 2026 08:36 AM IST

The Delhi High Court has issued notice to the Centre and the Delhi government on a plea challenging provisions of the new Waqf Act over fears of tenant dispossession.

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.

Also Read | Explained: The proposed changes to Waqf law

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.

Sohini Ghosh

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More