Kerala Waqf Board claims land of 600 families

Kerala High Court seeks response from Union and State Governments

Thiruvananthapuram (Kerala) – The Kerala High Court has directed the Union and State Governments to submit affidavits concerning land in Munambam, claimed by the Kerala Waqf Board, where around 600 families reside. Joseph Benny and seven others, who purchased this land from the governing committee of Farook College in Kozhikode, filed a petition challenging this claim. However, at the request of the Waqf Board’s Chief Executive Officer, revenue officials have refused to transfer the land documents to the residents.

The petitioners argue that Section 14 of the Waqf Act is unconstitutional, granting the Waqf Board authority to declare any trust or society property as its own. They contend that this provision contradicts principles of natural justice and impartiality and that non-Muslim properties should not fall under Waqf Board authority. According to the petitioners, granting the Waqf Board CEO the right to evict residents infringes upon Article 300A of the Constitution.

Background of the case

In 2019, the Waqf Board claimed ownership of areas including Munambam, Cherai, and Pallikal in Kerala. These areas are home to over 600 families, who, since 1989, possess valid land documents and include members of various religious communities. Despite this, the Waqf Board has asserted ownership over the land. Although these families legally purchased their properties, they are now facing forced eviction orders, which they argue is a direct violation of their constitutional rights.

Editorial Perspective

Union Government should repeal Waqf Act instead of amending it in the best interest of the country and public.