Waqf Amendment Act Challenge : Live Updates From Supreme Court [Hearing On Interim Order]

SG Mehta: based on this recommendation, law was amended in 1984- S. 55(A) no suit if not registered- it was not brought into effect.

third amendment was limitation act in 1984

SG Mehta: yesterday they said, if not registered my right to go to court is taken away- Bombay Public Trust Act, 1950 bars suit for trust not registered- committee found that this provision was necessary in the waqf act

SG Mehta: Now, the Gov found while registration is necessary, not brought to your notice, malafide is going on and the property was dealt with the way Muttawalli wanted

Central Gov appointed a committee, 1976, report was implemented and law was passed but not given effect.

findings of committee- deliberate concealing of waqf and willful failure for registration

SG Mehta: pls see 28, most imp-

SG Mehta: if the waqf is not registered, the Board may- S. 27- third layer-

first your duty- s. 26, then preliminary survey and if that is also missed, then the Board

SG Mehta: if you missed registration, you can still register

CJI: under 1923, six months and under 1954, 3 months

SG Mehta: narrative built is where do we get the document, pls see clause 3- "description of waqf properties"

SG Mehta: even if its 100 years old and you have missed the 1923 route, you can still register

SG Mehta: S. 6- says the registration was mandatory in order to raise disputes- 1954 Act

SG Mehta: 1923 Act was challenged before Calcutta HC and upheld...1954 Act, first enactment after independence- one more layer added because waqf was not registering- survey concept introduced.

you register, if you don't, then preliminary survey- earlier administration was with court, now it came to the Board- S.4 of 1954 Act