The Kerala High Court delivered a landmark ruling on the Munambam land dispute, declaring that the land is not Waqf property and the ownership claim by the Waqf Board is entirely illegal. The court stated that the land was never 'permanently dedicated to Allah' and no such mention is found in the land transfer documents from 1950.
This decision brought significant relief to the state government. The High Court's division bench, upon hearing the state government's appeal, overturned the single bench's order that had deemed the appointment of the Munambam Judicial Commission as illegal. Now, the state government can implement the recommendations of this commission.
The court also questioned the Waqf Board’s 2019 action in which it declared the Munambam land as Waqf. The court labeled it an 'arbitrary and unilateral decision,' stating it was beyond the scope of the law.
'...Then Waqf Property Claims Could Be Made'
The division bench sternly remarked, 'If such arbitrary declarations receive judicial approval, tomorrow any building - be it the Taj Mahal, Red Fort, Assembly Building, or even the court building itself - could be claimed as Waqf property.'
The court also questioned why it took the Waqf Board 69 years to make this claim. It suggested the move appeared to be a strategy for land acquisition. In its verdict, the court clarified that the land given to Farook College Management is not Waqf property and does not fall within the jurisdiction of a single bench decision.
This ruling provided substantial relief to the state government and the residents of the Munambam area, while the court decisively deemed the Waqf Board’s actions as unconstitutional and illegal.
