Munambam Waqf land row: Background, legal and political angles, path forward

The Munambam Waqf land dispute in Kerala has become a point of political contention, with the BJP using it to corner both the ruling CPI(M)-led LDF and the opposition Congress-led UDF. The BJP has positioned itself as a defender of local residents, predominantly Christians and fishermen, who claim to have legally bought the land before the 1954 Waqf Act.

In 2019, the Waqf Board asserted ownership over the land, sparking protests and frustration among residents, who are now blocked from paying taxes due to ongoing legal disputes.

Waqf Act amendments

The BJP is seizing this opportunity to demand amendments to the Waqf Act, arguing that the current law allows unwarranted encroachments on private property, and aims to appeal to communities affected by similar issues.

Also read: Kerala | Waqf land stir in Munambam turns into major political row ahead of bypolls

The Catholic Church’s recent call for reform in Waqf laws has encouraged the BJP, allowing it to rally support across religious communities and highlight property rights in opposition to perceived government overreach.

Here is an in-depth explainer of the Munambam Waqf land controversy, a complex issue involving property rights, religious trust laws, and political agendas in Kerala.

The core issue

The land issue centres around the ownership of and rights to about 404 acres of land and 60 acres of backwaters in Munambam, located in the northern part of Vypin Island, Ernakulam, Kerala.

This land has been in dispute due to historical, religious, and legal complexities involving the Kutchi Memon community, Farook College, the Kerala Waqf Board, and residents of Munambam, with a broader impact on 600 families residing on the disputed property.

Background and origin

In the early 19th century, the Kutchi Memons, a Muslim community from Gujarat’s Kutch region, migrated to Kerala primarily for trade. Encouraged by the Travancore royalty, these traders made Kerala their home, contributing significantly to the economy.

Among them was Abdul Sattar Seth, a Kutchi leader, who was granted a large tract of land in Munambam as part of the kingdom’s broader strategy to promote agriculture and food security. Over time, the land became known as the Munambam property.

After Independence, Sattar Seth’s son-in-law, Siddique Seth, along with his father, Musalman Seth, decided to donate this land to Farook College’s managing committee for educational purposes. On November 1, 1950, they formally gifted the 404 acres to Farook College as Waqf property through a registered deed, which specified that the land should be used strictly for educational purposes and that income generated from it should be directed towards the college’s development.

The deed included a condition: if the college ceased to operate, the land would revert to the heirs of Sattar Seth, effectively limiting Farook College’s full ownership rights.

Also read: Waqf board claims 53 ASI sites in Karnataka; ‘took over’ 43 in 2005: Report

Initial opposition and legal battles

The transfer of land did not proceed without resistance. From the beginning, local residents, some of whom claim to have occupied the land even before the donation, opposed Farook College’s control over the property.

In 1962, the residents filed a case in Paravur Sub Court, contesting Farook College’s ownership. This legal struggle eventually reached the Kerala High Court, which, in 1975, upheld Farook College’s claim to the land.

However, a compromise between Farook College and the local residents allowed the latter to buy the land they occupied. From 1983 to 1993, the college reportedly received around Rs 33 lakh from these sales.

Despite this, the sales faced legal scrutiny due to the land’s designation as Waqf property, raising questions about the college’s authority to sell it.

Role of the Kerala Waqf Board

The Kerala Waqf Board entered the picture following a complaint in 2008 by Nassir Manayil, a former Waqf Board member, alleging encroachment on Waqf property. The complaint triggered an investigation by Justice MA Nisar, who confirmed that the Munambam land was indeed Waqf property. In 2019, the Kerala Waqf Board formally registered the property as Waqf, asserting its claim over the land.

The Waqf Board’s claim is complicated by the 1950 deed’s wording, which, some argue, does not explicitly transfer ownership to the board but instead designates the land’s purpose and its connection to the college. Furthermore, the Waqf Act amendment in 2013 stipulates that any claim regarding Waqf property must be filed within three years of awareness of encroachment. Since the Board’s claim emerged in 2019, critics argue it does not hold under this statute.

The Waqf Board, however, maintains that as Waqf property, the land cannot be sold or transferred without explicit permission from the board or government, complicating the sale agreements between Farook College and the residents.

Watch: Karnataka: BJP, Congress fight over alleged land grab by Waqf board

Disputed status of residents

The Munambam land currently houses around 600 families, a mix of pre-1950 residents, individuals who bought land from Farook College, and others who may have settled without formal ownership.

Those who bought land from the college have been particularly affected, as the college’s authority to sell the land is now under question.

While pre-1950 residents argue their long-standing occupancy establishes a legal claim, those who acquired land after the 1950 donation face challenges due to the Waqf designation.

For these residents, the situation is precarious. They have been prevented from paying property taxes following a court stay obtained by the Waqf Protection Forum, which has hindered their ability to establish ownership rights.

Legal and political dimensions

The Munambam issue has drawn both political and communal attention. The Kerala government, led by the current administration, has attempted to address the residents’ concerns by facilitating tax payments and expressing support for a permanent solution.

The Minority Affairs Minister, V Abdurahman, recently stated that the government stands with the affected families and seeks a resolution that respects their right to housing.

The Kerala High Court has seen multiple petitions on this matter. In 2022, a High Court Single-Bench ruling allowed residents to pay property taxes, but this decision was stayed by the Division Bench upon appeal by the Kerala Waqf Protection Forum, further complicating the issue.

Meanwhile, representatives of the BJP and certain Christian groups have raised concerns over the Waqf Board’s claims, asserting that residents should be granted ownership rights.

Also read: Waqf controversy: BJP raising issue with eye on by-polls, Maha election, says K'taka CM

Possible resolutions

Despite the legal complexities, the Munambam land issue could see an amicable resolution if the involved parties agree to negotiate. Since the Waqf Protection Forum’s appeal has stayed the residents’ tax payments, some suggest that a withdrawal of this appeal, coupled with the Waqf Board relinquishing its ownership claim, could pave the way for a settlement.

Such a solution would likely involve a reassessment of the residents’ rights to their property and recognition of long-term occupancy claims.

Another potential resolution may come from dialogue between local Muslim and Christian organisations, given the diverse religious affiliations of the affected residents.

Christian mouthpieces, including Deepika, have expressed concerns over potential displacement, and the broader community could play a role in brokering a solution.

Government’s position and the path forward

The Kerala government has expressed its commitment to safeguarding the interests of Munambam’s residents, but the legal framework limits its capacity to intervene without a clear court directive.

It has repeatedly emphasised its preference for a solution that ensures residents are not displaced from their homes, advocating for a negotiated outcome that avoids prolonged litigation.

With multiple stakeholders involved, achieving a fair and lawful solution will require continued cooperation and possibly concessions from the Waqf Board, Farook College, and the residents.