Kerala High Court Slams Wakf Board for ‘Land Grab Tactics’ in Munambam Case

In a landmark judgment, the Kerala High Court on Friday ruled that the notification of Munambam as Wakf property was a land grab tactic by the Kerala Wakf Board, lacking any legal basis. The court also upheld the state government’s decision to appoint a commission of inquiry to determine the rightful ownership of the disputed land.

The division bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Shyam Kumar V.M. said that without mandatory procedures and compliance with the Wakf Acts of 1954 and 1995, the land in question cannot be classified as Wakf property.

“The declaration of the disputed land as Wakf property is in violation of the provisions of the Wakf Acts of 1954 and 1995,” the court observed.

Impact on Local Residents

The court highlighted the severe consequences of the board’s unilateral declaration, noting that it had disrupted the livelihood of hundreds of families who had legally purchased the land decades ago, long before any Wakf claim was made.

The bench strongly criticized the potential implications of such unchecked power, stating:

“If such arbitrary declarations are judicially approved, then tomorrow the Taj Mahal, Red Fort, State Legislative Assembly buildings, or even this very court building could be declared Wakf property by the board.”

Commission of Inquiry Upheld

The court upheld the state government’s appointment of a fact-finding commission led by Justice C.N. Ramachandran Nair, former acting Chief Justice of the Kerala High Court, to investigate the ownership claims in the Cherai and Munambam villages of Ernakulam district.

The residents of these areas had accused the Kerala Wakf Board of illegally claiming their lands and properties, despite their possession of registered title deeds and land tax receipts.

Delayed Action Raises Questions

In addressing the question of timing, the court noted the 70-year delay in the board’s claim over the property.

“There is no valid reason why the Kerala Wakf Board waited for seven decades to suddenly declare the land as Wakf property,” the court said.
“This court, operating under the Constitution, cannot permit imaginary and delayed assertions of power in a secular nation like India.”

The bench further clarified that the state government is free to act upon the commission’s recommendations, in accordance with the law.

Background

The controversy began when the Kerala Wakf Board claimed ownership over land in the coastal villages of Cherai and Munambam. Local residents, many of whom have lived on the land for generations, protested the move, stating that they had lawfully acquired the land and paid all necessary taxes. In response to the growing tension, the Kerala government, in November last year, appointed a commission to investigate the issue.

The High Court’s ruling is expected to have far-reaching implications on how Wakf properties are notified and challenged in court, and is seen as a significant victory for property owners fighting arbitrary land claims.