HC Criticizes Kerala Waqf Board’s 70-Year Delay in Declaring Munambam as Waqf Property
The Kerala High Court has termed the declaration of Munambam as a Waqf property as a land grab by the Kerala Waqf Board. The court upheld the government order appointing an inquiry commission to determine the ownership of the disputed land. The bench stated that a property cannot be classified as Waqf without following the mandatory procedure and complying with the Waqf Act. This arbitrary declaration has affected the livelihood of hundreds of families, and the court criticized the Waqf Board for making such a declaration after 70 years.
In a historic verdict on Friday, the Kerala High Court ruled that the notification of Munambam as Waqf property was a land grab done by the Kerala Waqf Board. The court upheld the government order to set up an inquiry commission to decide who owned the controversial land.
A two-member bench comprising Justices Sushrut Arvind Dharmadhikari and Shyam Kumar VM opined that the property in question could never be a Waqf property without obligatory due process and adherence to the Waqf Acts of 1954 and 1955. The declaration of the disputed land as Waqf is against the provisions of the Waqf Acts of 1954 and 1995.
This move has affected the livelihoods of hundreds of families who purchased the land decades before the Waqf property was notified. If such an arbitrary declaration of Waqf property receives judicial approval, tomorrow any building, including the Taj Mahal, the Red Fort, the State Legislature complex, and even this court building, could be declared a Waqf property by the Kerala Waqf Board.
Want to get your story featured as above? click here!
Want to get your story featured as above? click here!
Upholding the appointment of the inquiry commission, the bench stated that the state government is free to implement the committee's recommendations in accordance with the law. On the issue of delay, the court stated that there was no reason for the Kerala Waqf Board to wait 70 years and then suddenly declare the property in question to be a Waqf. The court is bound to act under the Constitution and cannot allow this imaginary and delayed exercise of power in a secular country like India.
Residents of Cherai and Munambam villages in Ernakulam district have alleged that the Waqf Board is illegally claiming their land and properties, even though they possess registered documents and land tax payment receipts. In November last year, the Kerala government appointed a commission headed by former Acting Chief Justice of the High Court, Justice CN Ramachandran Nair, to ascertain land ownership in the disputed area.
