‘Remedy is available’: SC declines to extend time for Waqf registration on UMEED portal, asks petitioners to approach Tribunal

According to Section 3B (1), “Every Waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025 (14 of 2025), shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement”.

“Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period,” it adds.

UMEED Act portal

Senior Advocate A M Singhvi, appearing for some of the applicants, said there were technical issues with the portal under the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act,1996, where the details of the Waqf have to be uploaded.

Senior Advocate Kapil Sibal, appearing for other applicants, said, “The amendment came into effect on April 8. The portal was created only on June 6, and the Rules were framed only on July 3, and the judgment [on plea to stay the Waqf Amendment Act] on September 15.”

“The six-month time is very short, because we don’t know the details. We don’t know who the waqif is for 100- to 125-year-old waqfs. Without these details, the portal won’t accept,” he added.

Solicitor General Tushar Mehta, who represented the Centre, said the provision for compulsory registration, as noted by the court in its judgement on the Act, is from 1929.

‘It was always there’

Agreeing Justice Masih referred to paragraph 191 of the September 15, 2025, interim order. The court said in the judgment, “As already discussed herein above, the requirement of registration has not come for the first time in 2025. Right from 1923, the said requirement has been consistently found in all the enactments concerning the waqf properties.”

“So, don’t say it was not there; it was always there,” said Justice Masih.

Sibal said that it is for registration, while the applications are regarding digitisation.

“That’s regarding registered Waqf only. There is a remedy available in the statute itself. Approach that,” said Justice Masih.

Sibal said, “These are real problems. It’s not that we do not want to comply…”

Mehta said he has instructions that lakhs of properties “are already registered on this very platform where they say there is a glitch.”

Advocate Nizam Pasha said the parties are seeking only more time for digitisation, not for registration. Sibal also said the issue is with digitisation and not registration. “They are registered; we have to upload them.”

Justice Masih said, “Then all the more easier for you because you already have registration.” Justice Datta pointed out that the statute itself has the remedy to approach the Waqf Tribunal.

When another counsel pointed out that there are 8-9 lakh properties and that if all goes to the Tribunal, it will be impossible, Justice Masih said, “Not your problem. That’s for the Tribunal to see”.

“As soon as you file the application [before the Tribunal], the time freezes. You cannot be held responsible. You go and file an application… If the Tribunal allows your request, 6 months will be counted from the date the Tribunal allows your application,” Justice Datta said. “If the portal is functional, as the Solicitor says, which is disputed by you, then you must show some materials.”