Relief for nearly 600 families as Kerala HC rules Munambam is not Waqf land

KOCHI: In a significant relief to around 600 familiesmostly from the fishing communitythe Kerala High Court on Friday ruled that the land they inhabit is not Waqf property, rejecting the Kerala Waqf Boards 2019 declaration. A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. held that the 1950 endowment deed in question did not create a permanent religious dedication in favour of the Almighty, and therefore could not be considered a valid waqf deed under the Waqf Acts of 1954, 1984, or 1995. The endowment deed of 1950 never intended to create any permanent dedication in favour of the Almighty God, but was simpliciter a gift deed in favour of Farooq Management and therefore could never qualify as a waqf deed under any of the Waqf Acts, the court noted. The court held that the Kerala Waqf Board's (KWB) decision to declare the land as waqf property in September and October 2019 was ad in law, citing unreasonable delay and blatant violation of statutory provisions. The bench warned that if such arbitrary declarations were allowed to stand, any structure including national monuments or government buildings like the Taj Mahal, Red Fort, Niyama Sabha Mandiram (Kerala Legislative Assembly), or even the High Court itselfcould be misclassified as waqf property, merely on the basis of old documents. The Court, obligated to act under the Constitution, especially in a secular country like India, cannot permit such a belated and fanciful exercise of power, it observed. The bench strongly criticised the Kerala Waqf Board, stating that its actions smacked of mala fides, especially given the land's high commercial and business value. The Court observed that the 2019 declaration appeared to be a desperate attempt to regain control and ownership after nearly seven decades. It further stated that the Waqf Board failed to examine the validity of the waqf deed and mechanically declared the property as waqf. This conduct, the Court held, amounted to land grabbing tactics, directly impacting the fundamental rights and livelihoods of hundreds of citizens. These citizens were left with no choice but to protest and agitate, leading to the State Government appointing an Inquiry Commission, the judgment added. The court noted that the Waqf Boards declaration was unilateral and non-speaking, made without hearing affected residentsonly after hearing Farooq Management behind closed doors. The question is whether the Court can shut its eyes to such a palpable illegality and arbitrariness, especially when the Board acted after a silence of 69 years. The answer is clearly NO, the bench said. It also pointed out that under both the 1954 and 1984 Waqf Acts, registration of waqf properties must be published in the official gazette, which did not happen in this case until 2019. The mere availability of power does not permit it to be exercised arbitrarily or after unreasonable delay. The Waqf Board had no justification for waiting 70 years before declaring the property as waqf, the court said, concluding that the entire exercise was tainted by unreasonable delay and procedural violations. The Waqf Board had argued that, having declared the property as waqf, it was legally bound to recover iteven if it had been alienated in violation of the Waqf Deed or the Waqf Act. However, the court clarified that the State Government holds sufficient authority to regulate waqf administration, and can act once the Commission submits its final report. The judgment came while upholding the Kerala Government's decision to appoint an Inquiry Commission led by former High Court Judge Justice C.N. Ramachandran Nair to investigate the Munambam land issue.