Thiruvananthapuram: Kerala Law Minister P Rajeeve said on Monday that the government was working to resolve the complex land dispute involving the Waqf Board’s claims on properties at Munambam in Kochi. He noted that he and the local MLA had addressed the issue even before the recent changes to central law.
“The Revenue Department had previously allowed residents to pay taxes despite the controversy surrounding the Waqf law, though the court later stayed this move. The Chief Minister plans to convene a high-level meeting soon to find a resolution,” Rajeeve said.
The minister also cautioned against attempts to communalise the issue, stating that both the government and religious leaders seek a lasting solution free from future legal challenges.
Opposition demands all-party meeting
Opposition Leader VD Satheesan has urged Chief Minister Pinarayi Vijayan to hold an all-party meeting to address the crisis, which impacts over 600 families. Satheesan criticised the Waqf Board’s legal efforts to reclaim 404 acres, emphasising that no Muslim religious organisation has claimed the Munambam land as Waqf property. He demanded that the land be transferred to residents unconditionally, warning that communal forces could exploit the situation.
IUML leader PK Kunhalikutty also called for prompt government intervention to prevent communal tensions, expressing concerns that delays might empower divisive forces. He attributed the issue to administrative errors from past administrations and advocated for a quick resolution led by the government.
CPM allies voice concerns
CPI and Kerala Congress (M), allies in the ruling CPM-led coalition, have raised concerns about the escalating tensions. CPI state secretary Binoy Viswam cautioned against communalism, warning that groups like the RSS and SDPI could exploit the dispute to incite tensions. In a social media post, Viswam expressed CPI’s stance against displacing residents over Waqf land claims, arguing that poor residents should not face eviction regardless of ownership technicalities.
Kerala Congress (M) leaders, representing a large Christian constituency, openly criticised the Waqf Board’s claims, with some leaders voicing their support to the affected residents in Cherai and Munambam.
Background
The dispute traces back to an alleged 1950 transfer of 404 acres to Farook College in Kozhikode, gifted for educational purposes, with the provision that the land would revert to the original owners' (Muhammad Siddique Sait) heirs if the college ceased operations. Some residents occupying the land before 1950 contested the college’s ownership, leading to a compromise in the 1980s and early 1990s, allowing them to purchase the land. However, the land was later classified as Waqf property, and in 2019, the Kerala Waqf Board formally registered it as such.
In 2022, a single-bench High Court ruling permitted residents to pay property taxes on the land, but a division bench stayed the decision following an appeal by the Kerala Waqf Protection Forum, further complicating the matter.
Residents argue that since they purchased the land from the college management, it should not be classified as Waqf land. However, the sale deed itself is under scrutiny as the college did not have permission to sell the property. Under Islamic law, Waqf properties are intended solely for religious or charitable purposes, and any sale or repurposing is prohibited.
Residents in Cherai and Munambam allege that the Waqf Board is unlawfully claiming their properties despite their possession of registered deeds and tax receipts. Last week, a petition was filed in the Kerala High Court by a group of Munambam residents, led by Joseph Benny, asserting that the Waqf Board is attempting to evict them and hundreds of other families by claiming ownership of the land.
On Friday, the High Court directed the state and Union governments to file a counter affidavit in response to this petition, which challenges specific provisions of the Waqf Act. The petitioners argue that Section 14, which enables the Waqf Board to declare properties belonging to any trust or society as Waqf property, is unconstitutional. They contend that this provision violates principles of natural justice, as it allows the Board to assert ownership over properties held by individuals of non-Islamic faiths without due process, treating those declared as encroachers and allowing the Waqf Board’s CEO to dispossess rightful owners in violation of Section 300A of the Constitution. The petitioners argue that civil courts should settle such disputes.
Waqf (Amendment) Bill, 2024
The proposed Waqf (Amendment) Bill, 2024, introduced by Union Minority Affairs Minister Kiren Rijiju, has been referred to a Joint Parliamentary Committee (JPC) amid criticism from opposition parties. The Syro-Malabar Catholic Church and the Kerala Catholic Bishops Council have sent letters to the JPC, raising concerns about the existing Waqf Act’s impact on Christian families, particularly in Munambam and Cherai.
The Church and KCBC have voiced dissatisfaction with both the ruling CPM-led LDF and the opposition Congress-led UDF for their stance on the BJP’s proposed Waqf (Amendment) Bill, 2024. Despite this criticism, both fronts recently passed a resolution in the Kerala Assembly opposing the Bill, which seeks to amend the current Waqf law. Church leaders allege that the Waqf Board has unlawfully claimed Christian properties in Munambam and Cherai, supporting the need for legislative amendments.
