The long wait for a resolution

TThe Kerala High Court’s recent judgment declaring the controversial Munambam holding not to be a Trust property has deepened the legal confusion rather than offering a permanent solution to the problematic issue.

The decision of the Division Bench of the High Court, which found that the actions of the Kerala Wakf Board regarding the Munambam land were bad in law, was not enough to set aside these actions. The decision sent the matter back to the Wakf Tribunal, which had already considered it.

Two sections of Kerala society, with the support of various political and religious outfits, are engaged in a fierce political and legal struggle over nearly 400 acres of land along the coastline of Ernakulam district.

The bench passed a landmark judgment while quashing a single judge’s order setting aside the appointment of a former judge of the Kerala High Court as the Commission of Inquiry into the Munambam issue. The bench also termed the Kerala Wakf Board’s registration and notification of Munambam land as a Wakf as an act of land grabbing considering it is valuable real estate.

a mishap

The court’s observations pose a major hurdle for the Board, which is charged with protecting and managing the Foundation properties under the Foundation Act. The board now has no choice but to appeal the decision. The Board may re-examine the decision before the Chamber Board that made the decision or apply to the Supreme Court with a Special Permission Petition. In either case, the agency will have to spend much of its energy and resources opposing the establishment, which raises serious questions about the agency’s functions.

The two-member Bench, in its detailed verdict spanning 122 pages, also paid little attention to the judicial wisdom of the single judge who set aside the government order appointing the Commission of Inquiry. The bench could have taken a more tolerant view instead of describing the conclusions of the sole judge in the case as “ex facie erroneous and adopted ignoring the Mussalman Waqf Act, 1923 and the Waqf Acts, 1954 and 1995 as well as the “statements made by the Supreme Court from time to time”.

What comes as a real surprise is the Division Bench’s observation on the possibility of even the Supreme Court building or the State Legislative Complex being declared as Wakf property if the Bench is allowed to continue its “arbitrary declaration” of Wakf properties as in the Munambam case.

As you may remember, some far-right organizations had previously brought up the possibility of declaring some historical monuments as foundation property if the provisions of the Law were not annulled. Bench’s sarcastic comments probably did not sit well with stakeholders. It is clear that the observations specifically emphasized in the court decision lack any legal basis or justification and may have broader socio-political consequences.

ongoing struggle

As the legal battle over the Munambam holding reaches new heights, the plight of well-intentioned owners of land parcels in the coastal village is far from over. In search of justice, they were petitioning authorities, from village offices to the highest political offices in the country. They also garnered the support of various socio-political organizations in their fight to seize their assets.

However, the demands of the villagers are being strongly opposed by the Board and organizations that are determined to restore the transferred Waqf properties in the State. Organizations devoted to the restoration of foundation properties say that approximately 30,000 acres of property granted in the foundation have either been encroached or changed hands, thus defeating the purpose for which the properties were allocated.

Bringing legal certainty to the controversial issue could take several more years and protracted legal battles even in the nation’s highest court. Endless litigations and delayed delivery of justice seem to be the order of the day for Munambam residents and organizations fighting for the restoration of Waqf properties in the state.