Munambam dispute yet to abate

The complex legal issue of the Munambam land dispute captured the headlines of the entire country some months ago. The land dispute began when 600 families who purchased, owned and lived in the land lost their revenue rights after it was declared a waqf property. The Revenue Department had cancelled its rights during the LDF government based on a letter from the Waqf Board.

The latest High Court verdict, terming the land as not Waqf property, vindicates the wrong steps taken by the government on the issue. This issue could have been nipped in the bud if the then Ernakulam Collector had examined the matter clearly and taken a legal decision. According to the Waqf Act of 1995, the board must follow basic procedures to declare land as a waqf. First, the board must give notice to the residents announcing that it is a waqf land. A survey of the land must be conducted. Then, the board's decision must be communicated to the government and published in the Gazette as a government order.

The revenue authorities in Munambam should have sent a letter along with a copy of that notification, demanding that the revenue rights of the residents be completely denied. The Waqf Board issued the letter without complying with any of this. The residents' rights, including the right to pay taxes, were denied outright.

Whenever politicians intervene in an issue, they don't bother to go into the depths and instead, focus on how they can win brownie points in the form of votes. Munambam is a classic example of political manoeuvring that went wrong. The words politicians holler on stage don't necessarily translate into action.

The Land Protection Committee decided to end the strike after the court finally granted them the right to pay taxes through an interim order, and the government promised to take steps to facilitate the movement. Since 99 per cent of the people in Munambam completed property mutation, there is no relevance for such a guarantee. The people of Munambam want something else — to get back the revenue rights they lost over the land. The former Tehsildar gave an affidavit in the High Court consenting that he would take action according to the people's need.

It is not legally and morally right for the revenue department to evade this by putting vague excuses that an appeal is still in the Supreme Court and a case is pending in the Waqf Tribunal. Full revenue powers can be given on the condition that the action is subject to the verdict of the higher court and the tribunal. If this happens, the LDF government can take credit for ending the long-lasting Munambam issue.