Kochi: In a major development in the disputed land at Munambam, the Kerala High Court here on Tuesday orally remarked that it could assure interim protection from dispossession to the land dwellers. The court was considering a petition moved by a group of people who claimed that their ancestors brought the land from Farook College. A division bench of Justice Amit Rawal and Justice KV Jayakumar said that an interim order staying the dispossession notices would be issued soon. The court also asked the petitioners to move a civil suit over the land dispute. 

"You have to get a declaration that you are the owners. High Court cannot decide a disputed question of fact. We can give interim stay and it will continue till you obtain a fresh interim stay... We will not permit you to challenge it (the Wakf Act) like this. You will challenge as per your convenience? We will grant you stay of dispossession till you file a suit and then you can seek a fresh injunction. We will protect you," said Justice Rawal.

The disputed land in Munambam was enlisted in the Wakf registry in 2019, saying that the property was given to Farook College in 1950 as Wakf. It is reported that the residents of this area have not been able to get a Record of Rights or mutation of properties from Kuzhuppily village office since 2020. In the petition before the HC, the residents challenged the constitutionality of the Wakf Act, 1995.  They argued that Wakf property cannot be granted special status and be exempted from law of limitation.

The petition noted that other enactments which govern the trust and religious endowments of all other communities namely Religious Endowment Act, indian Trustees Act, Indian Trusts Act, The Charitable Endowment Act, the Official Trustees Act, The Charitable and Religious Act are governed by provisions of limitation. However, the petitioner argued that as per Section 107 of the Waqf Act, a waqf property can be recovered even after many years. They argued that this is discriminatory. They also submitted that the Waqf Act does not have a provision to give an opportunity to parties having claim or title of the property before claiming them as waqf property. The petitioners argued that arbitrary unguided and unchecked powers are given to the Waqf Board.

The court will consider the case again on December 17. It is expected that the division bench will issue an order giving interim protection to the residents from dispossession during this hearing.

The Munambam Wakf land issue
The dispute began in 2019 when the Wakf Board claimed ownership over land allegedly donated to Farook College in Kozhikode by Siddique Sait in 1950. The residents, who bought the land before the Wakf Act was introduced in 1954, claim that they legally purchased it from the college management and that it was not classified as Wakf property then.

By 2022, these families could not pay land taxes at the village office, but a temporary intervention by the state government allowed them to proceed. However, the Wakf Samrakshana Samathi (Wakf Protection Forum) contested this decision, resulting in a court order that paused tax payments. The residents petitioned the high court, seeking intervention in declaring certain sections of the Wakf Act unconstitutional. The ongoing legal proceedings have heightened tensions in the predominantly Christian community.

(with Live Law inputs)