'How Can We Rewrite The Statute': SC Declines To Extend Time Limit For Uploading Of Waqf Properties On UMEED Portal
The bench asked the applicants to approach the tribunal concerned, which, if their application is accepted, will set a six-month timeline from that date.
By Sumit Saxena
Published : December 1, 2025 at 2:08 PM IST
New Delhi: The Supreme Court on Monday asked how it can rewrite the statute, while declining to pass an order to extend the time limit for the uploading of the waqf property details on the UMEED portal.
The matter came up before a bench comprising Justices Dipankar Datta and Augustine George Masih. The apex court observed that Section 3B of the Unified Waqf Management, Empowerment, Efficiency and Development Act has given powers to the waqf tribunals to extend the time in appropriate cases.
The bench was informed that the amendment came into effect on April 8, and on June 6, the portal was created, and the rules were framed only on July 3, and the apex court’s judgment (on plea to stay the Waqf Amendment Act) came on September 15.
The bench was informed that this section is regarding digitisation. It was argued before the bench that six months is very less. "Because we don't know the details. We don't know who the waqif is for waqfs of 100 or 125 years old. Without these details, the portal won't accept," argued a counsel.
The bench said the solicitor general, Tushar Mehta, has already stated that there is a remedy available under the statute itself.
A counsel said there are letters from some waqf boards where they are asking for time for extension, and they say it is not possible, and they are facing issues while uploading the data on the portal, where it has to be digitised. "Remedy is provided in the statute itself, approach that,” said Justice Masih.
Senior advocate Kapil Sibal, representing a party in the matter, requested the bench to allow him to place an affidavit on record and provide a copy to Mehta, so that he can "apply his mind", and then the court can pass an order, as these are real problems.
Mehta said properties have been registered on the platform where the petitioners claim to be facing a glitch. The bench asked the applicants to move before the tribunal concerned, and if it accepts their cause and allows their application, for example, on December 20, then six months will apply from that date.
Sibal said there are rural people in rural areas, and there is no digitisation. "How can we rewrite (the statute)?" asked Justice Datta.
Sibal argued it is not rewriting, but the court can extend the time. "Extend the time when the statute provides the remedy? Where is the question?" observed Justice Datta.
He said the matter has already been looked into at the interim stage by the apex court, and a judgment was delivered. Sibal said Justice Masih, who was part of the bench which delivered the judgment, knows only registration issues were dealt with and not digitisation.
Justice Masih said the apex court has already made an observation on that time limit and also pointed to a paragraph in the judgment. Justice Masih, if these properties are already registered, then what is the issue, as boards are already registered?
A counsel said that as per the interim order of the apex court, only the registered properties with the waqf boards can be uploaded on the web portal.
"Now the issue is, if a property was registered in the waqf board in 1960, the entire detail is with them (the authorities concerned). It is the case that not for all waqf properties is there a mutawalli, and only a mutawalli can register. So, now everybody will have to run here and there to find a mutawalli," said senior advocate M R Shamshad, representing a party.
Justice Masih said the statute provides time for that. "You spend one hour. You fill in all the details in 45 minutes. When you click, it goes... there are 8-9 lakhs properties, if everybody has to go to the tribunal, then it will be impossible… problem for all of us… lose this waqf property," said Shamshad.
"Not your problem, that is for the tribunal to see," replied Justice Masih. Advocate Nizam Pasha, representing a party, said there are four waqf boards, which are saying the portal is not working. "As of now, there is nothing we can do," said Justice Masih.
Multiple applications were filed seeking extension of the time period prescribed under Section 3 (B) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. December 6 is the last of the 6-month-period as prescribed under Section 3 (B)
“Our attention has been drawn to the proviso to Section 3B. Since the remedy before the tribunal is available before the applicants, we dispose of all the applications by granting them liberty to approach the tribunal…”, the bench said.
The bench said the applicants can present the issue of non-working of the portal before the tribunal in their applications. Besides the All India Muslim Personal Law Board (AIMPLB), AIMIM leader Asaduddin Owaisi has moved the top court, seeking an extension of time for mandatory registration of all waqf properties.
In an interim order on September 15, the top court put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including a clause that only those practising Islam for the last five years could create a waqf, but refused to stay the entire law, outlining the presumption of constitutionality in its favour.
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