KOCHI: The Ernakulam Munambam disputed land is not a waqf property dedicated to God, the High Court has said. “This is land that was transferred in 1950 on the basis of will. The action of the Kerala Waqf Board to declare it as a waqf property after 69 years is illegal.” The verdict was given by a division bench comprising Justices Sushrut Aravind Dharmadhikari and VM Shyamkumar.

"The endowment deed of 1950 never intended to create any ‘permanent dedication in favour of the Almighty God’, but was simpliciter a gift deed in favour of R5 Farooq Management and therefore could have never qualified as a ‘waqf deed’ under any of the enactments of the Waqf Act 1954, 1984, or 1995," the judgment stated.

The Justice CN Ramachandran Nair Commission appointed by the government to submit proposals for the resolution of the Munambam dispute can continue. The appointment is legal. The government should take action on the recommendations of the Judicial Commission. The government’s appeals against the single bench order that the appointment of the commission was illegal were discussed. The single bench order was quashed, and the stay on further proceedings on the report submitted by the commission was lifted.

Relief for 600 families

Munambam is a 404-acre land that Abdul Sattar Moosa Sait handed over to Kozhikode Farook College Management in the 50s. Farook Management sold the land to many people, bypassing the conditions. Due to the rise in sea level, only 114 acres remain. 600 families are under threat of displacement here. The agitation started on May 20, 2019, when the Waqf Board tried to declare it as Waqf property and take it over.