Supreme Court Dismisses Plea Against UMEED Portal's Waqf Property Classification
The Supreme Court of India refused to entertain a petition on Friday. The petition challenged the classification system for waqf properties on the central government's UMEED portal.
The petitioner, Hashmat Ali, a Mutawalli from Madhya Pradesh, argued through Senior Advocate Menaka Guruswamy. He claimed the portal lacks a specific category for 'Waqf by Survey'. It only offers an option for 'Waqf by User'.
Court's Stance on Compliance and Rights
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi addressed the concerns. The court clarified that uploading details under the 'Waqf by User' head still constitutes compliance with the Waqf Act 1995.
Justice Bagchi pointed to a recorded meeting. The meeting stated that 'Waqf by Survey' is not a recognized category under the Act. All such properties should register as 'Waqf by User'.
'There is no dilution of rights by putting your case under Waqf by User,' Justice Bagchi emphasized. He noted the petitioner is a registered waqf. The character of the waqf depends on its original registration and deed, not the portal's data entry.
Petitioner's Concerns and Judicial Advice
Guruswamy presented the petitioner's dilemma. For hundreds of years, the system used 'Waqf by Survey'. The new portal's structure forces a change. She warned this could lead to more litigation. Encroachers might also file claims as 'Waqf by User'.
The court countered this argument. Justice Bagchi stated, 'That is the authority's headache.' He advised the petitioner to upload data under the available category and then file an objection if necessary.
The bench highlighted a key distinction. Properties do not need 're-registration' on the portal. They only require data upload. This is a procedural step, not a legal reclassification.
Final Directive from the Bench
The Supreme Court ultimately directed the petitioner. Hashmat Ali should approach the prescribed authority under the Waqf Act for any clarification or grievance redressal. The court granted him liberty to do so.
This decision underscores the judiciary's view. The UMEED portal's classification does not alter the legal standing of waqf properties. The focus remains on administrative compliance without affecting substantive rights.
