Delhi High Court has issued notices to the Central Government, Delhi Government, and Delhi Waqf Board in a batch of petitions challenging key provisions of the UMEED Act, alleging infringement of tenant rights and constitutional protections.
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NEW DELHI: The Delhi High Court has issued notices to the Central Government, the Central Waqf Council, the Delhi Government, and the Delhi Waqf Board in a batch of petitions questioning the constitutional validity of several provisions of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 2025 (UMEED Act) that regulate landlord–tenant relationships in waqf properties.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia has granted six weeks to the respondent authorities to file their replies.
While issuing notices, the High Court observed that similar provisions of the UMEED Act are already under challenge before the Supreme Court of India. In view of this, the Bench indicated that it would await the outcome of the proceedings before the apex court before taking a final call on the petitions.
The petitions, filed by tenants of waqf properties, assail Sections 3(ee), 32, 54, 56, 83, 85, and 88 of the UMEED Act, 2025. In addition, Rules 4, 5, 6, 7, 18, and 19 of the Waqf Properties Lease Rules, 2014 have also been challenged.
The petitioners had earlier approached the High Court against similar provisions under the previous waqf legislation. However, those petitions were disposed of after the enactment of the UMEED Act, necessitating the present challenge.
The petitioners contend that the impugned provisions violate Articles 14, 19, and 21 of the Constitution of India, arguing that the law disproportionately affects tenants of waqf properties and undermines statutory protections available to them.
A grievance raised is the expanded definition of “encroacher” under the UMEED Act, which now includes tenants whose leases have expired or have been terminated—even when such tenants enjoy protection under the Delhi Rent Control Act, 1958.
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According to the petition, the new framework allows for the dispossession of tenants following the termination of the lease and vests the Waqf Tribunal with the authority to adjudicate eviction disputes and determine the rights and obligations of lessors and lessees. This, the petitioners argue, directly conflicts with the safeguards provided under the Delhi Rent Control Act and the Slum Area (Improvement and Clearance) Act, 1956.
Further, the Waqf Properties Lease Rules, 2014, are said to regulate crucial aspects of tenancy such as tenure and rent escalation. The petition challenges the provision for bidding based on circle rates, asserting that it encroaches upon the exclusive jurisdiction of the Rent Controller under rent control legislation.
The petitions have been filed by Advocate Anubhav Sharma.
Appearance:
The Union of India: Additional Solicitor General Chetan Sharma
The Delhi Waqf Board: Senior Advocate Sanjoy Ghose.
Case Title:
Satya Bhushan and Ors v. Union of India & Ors
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