7 months ago
3
The caller bid of the Kerala High Court, declaring the disputed Munambam holding arsenic not a Waqf property, has deepened the ineligible imbroglio alternatively than offering a lasting solution to the vexed issue.
The judgement of a Division Bench of the High Court, which recovered the actions of the Kerala Waqf Board regarding the Munambam onshore to beryllium atrocious successful law, stopped abbreviated of striking them down. The bid has enactment the shot backmost successful the tribunal of the Waqf Tribunal, which is already seized of the matter.
Two sections of Kerala society, with the backing of assorted governmental and spiritual formations, are engaged successful a pitched governmental and ineligible conflict implicit the astir 400-acre holding located on the coastal loop of Ernakulam district.
The Bench passed a landmark order, portion striking down a azygous judge’s order, which cancelled the assignment of a erstwhile justice of the Kerala High Court arsenic the Inquiry Commission into the Munambam issue. The Bench besides termed the Kerala Waqf Board’s notification and registration of the Munambam onshore arsenic Waqf arsenic an enactment of onshore grabbing with an oculus connected the invaluable existent estate.
A setback
The observations of the tribunal are a large setback for the Board, which is mandated by the Waqf Act to support and negociate Waqf properties. The Board is present near with nary enactment but to situation the decision. The Board tin either spell for a reappraisal of the determination earlier the Division Bench, which passed the order, oregon attack the Supreme Court with a Special Leave Petition. In either case, the bureau volition person to walk overmuch of its vigor and resources connected challenging the order, which has raised superior questions astir its functions.
In its elaborate bid dispersed implicit 122 pages, the two-member Bench besides gave small information to the judicial contented of the azygous judge, who cancelled the authorities bid appointing the Inquiry Commission. The Bench could person taken a lenient presumption of the conclusions of the azygous justice successful the lawsuit than terming it arsenic “ex facie erroneous and having been passed successful ignorance of Mussalman Waqf Act 1923 and the Waqf Acts of 1954 and 1995, arsenic besides the “pronouncements of the Supreme Court from clip to time.”
What has travel arsenic a existent astonishment is the reflection of the Division Bench regarding the anticipation of adjacent the High Court gathering oregon State Legislature Complex being declared arsenic a Waqf spot if the Board is allowed to proceed with its “arbitrary declaration” of Waqf properties, arsenic successful the lawsuit of Munambam.
It whitethorn beryllium recalled that immoderate far-right organisations had earlier raised the spectre of immoderate humanities monuments being declared arsenic Waqf spot if the provisions of the Act were not struck down. The sarcastic comments of the Bench, presumably, person not gone down good with the stakeholders. The observations, which were fixed peculiar accent successful the tribunal order, seemingly lacked immoderate ineligible backing oregon justifications and could permission wider socio-political ramifications.
Continuing fight
As the ineligible warfare implicit the Munambam holding assumes caller proportions, the plight of the bona fide owners of parcels of onshore successful the coastal colony is acold from over. They had been petitioning the authorities, close from the colony offices to the apical governmental offices successful the country, seeking justice. They person besides mustered the enactment of assorted socio-political organisations successful their combat for their holdings.
However, the claims of the villagers are keenly contested by the Board and the organisations, which are determined to reconstruct what they word arsenic the alienated Waqf properties successful the State. The organisations which person committed themselves to the restoration of Waqf properties accidental that astir 30,000 acres of properties fixed successful Waqf person either been encroached upon oregon changed hands, frankincense defeating the precise intent for which the properties were dedicated.
It whitethorn instrumentality a fewer much years and long-drawn ineligible battles, adjacent to the highest tribunal of the country, to find a judicial finality to the contentious issue. Endless litigation and delayed transportation of justness are what appears to beryllium connected the cards for the Munambam residents arsenic good arsenic the organisations warring for the restoration of Waqf properties successful the State.
