The Supreme Court of India on Monday declined to grant a blanket extension for the mandatory registration of all waqf properties on the government's UMEED portal. The court directed those entities that have not completed the registration to approach the waqf tribunal constituted under the Waqf (Amendment) Act, which holds the statutory power to extend the deadline by up to six months.
Petitioners Cite Technical Glitches, Centre Opposes
A batch of petitions, including one filed by the All India Muslim Personal Law Board, had sought an extension of the December 6 deadline from the apex court. The petitioners argued that they were running against time due to various hurdles, primarily technical glitches encountered while accessing the UMEED portal.
Representing the petitioners, senior advocates Kapil Sibal, A M Singhvi, and M R Shamshad informed the bench of Justices Dipankar Datta and A G Masih that only about 1.6 lakh properties had been uploaded so far. They contended that with the total number of waqf assets potentially exceeding 10 lakh, it would be exceedingly difficult to complete the upload within the short remaining time.
The Centre, represented by Solicitor General Tushar Mehta, strongly opposed the plea. Mehta argued that the court's interference to extend the date would amount to amending the law itself. He emphasized that the Waqf (Amendment) Act, 2025, already provides a mechanism for extension through the tribunal, and aggrieved parties should avail themselves of that remedy.
Legal Provision and Court's Rationale
The legal requirement stems from Section 3B of the Waqf (Amendment) Act, 2025. It mandates that every waqf registered under the Act must file details of the waqf and its dedicated property on the designated portal and database within six months of the commencement of the provision.
Critically, the section also states: "the tribunal may, on an application made to it by the mutawalli, extend such period of six months... for a further period not exceeding six months... if he satisfies the tribunal that he had sufficient cause for not filing the details."
Taking note of this specific provision, the bench refused to intervene. The justices explicitly stated that facing technical problems in uploading details would constitute a valid ground to seek a further six-month extension from the tribunal. "Technical glitch is a very good reason to seek extension from tribunal," the bench remarked.
Background and Implications
This ruling follows the Supreme Court's decision in September, where it declined to stay several provisions of the amended Act challenged in various petitions. The court had noted then that a registration requirement for waqfs existed even prior to the new amendments.
The court's latest directive clarifies the procedural path for waqf bodies struggling to meet the deadline. It reinforces the specific legal framework established by Parliament, channeling requests for leniency through the specialized waqf tribunals rather than the apex court. All entities that have not completed their registration on the UMEED portal must now file applications with the tribunal before the December 6 deadline expires.
