Ernakulam (Kerala): In a landmark judgment on the controversial Munambam land dispute, a division bench of the Kerala High Court overturned the earlier judgment and declared that the land concerned cannot be classified as Waqf property.
The court order is a major relief for hundreds of coastal residents whose rights were threatened by this classification. Hearing an appeal filed by the state government, the bench categorically said that the land was a full gift to Farooq College under a 1950 deed and does not fall under the provisions of the Waqf Act.
Importantly, the court said that the original document contained a clause for the return of the land, which automatically revokes its status as a permanent surrender under the Waqf Act.
A gift, not an eternal dedication The high court bench set aside the single-bench order which had quashed the appointment of a judicial commission to probe the matter.
While the single bench had earlier held the view that land is Waqf property, and procedures were made mandatory only under the Waqf Act, the Division Bench categorically rejected this view.
The court said that Munambam land is not a property dedicated to God (Allah), which is a major requirement for waqf classification. Moreover, any transfer document of the land transferred by Siddiqui Sait to the Farooq College management in 1950 showed no intention to be a waqf property.
Court condemns unilateral move of Waqf Board The high court reacted strongly to the Kerala Waqf Board’s 2019 decision to declare Munambam land as Waqf property and termed the move as unilateral and illegal.
The bench strongly criticised the nearly 69-year delay between the transfer of land and initiation of proceedings by the Waqf Board and termed it as undue negligence. The court even said that the Waqf Board’s action was a plot to grab land.
The judicial commission got the green flag In a significant development, the court has allowed the Munambam Judicial Commission to continue its work.
The division bench set aside the earlier order of the single bench, in which Justice C.N. Ramachandran Nair was removed. The court categorically said that the state government is free to implement the findings and recommendations of the commission.
The approval is a significant step for hundreds of coastal families who have lost their revenue rights since land was recorded as waqf property in revenue records, leading to a year-long protest demanding the restoration of their rights.
The court’s decision to allow the commission to go ahead and its position that the government can act on its recommendations raise concrete hopes for an urgent resolution to the long-standing land issue and provide significant relief to the local coastal community.
