Waqf Board’s Decision on Waqf Property Status is Final: Kerala High Court.

Kerala High Court hints to the Draconian Waqf Act by saying, ‘No Authority Other Than Waqf Board Can Decide Waqf Property Status’. 

In a significant ruling, the court has declared that the Waqf Act is a comprehensive and self-contained law, making the Waqf Board or Tribunal the exclusive authority to ascertain the Waqf status of a property. Furthermore, the court held that decisions made by the Waqf Board or Tribunal regarding Waqf status are final and binding.

B Upendran | HENB | Ernakulam | March 19, 2025:: In a significant ruling, the Kerala High Court has declared that the Waqf Act is a comprehensive and self-contained law, making the Waqf Board or Tribunal the exclusive authority to ascertain the Waqf status of a property. Furthermore, the court held that decisions made by the Waqf Board or Tribunal regarding Waqf status are final and binding. Hinting to the draconian  nature of the Act,  the court said, ‘No Authority Other Than Waqf Board Can Decide Waqf Property Status’.

The Kerala High Court has quashed the state government’s decision to appoint a Commission of Inquiry to resolve ownership disputes between local residents and the Waqf Board. This decision was made in response to a batch of writ petitions challenging the government order.

The court held that the Waqf Act, 1995, is a complete code that gives the Waqf Board exclusive jurisdiction over Waqf-related disputes. According to the court, only the Waqf Board has the authority to determine the Waqf status of a property, and its decisions can only be reviewed by the Tribunal.

The dispute revolves around a property in Munambam, which was declared a Waqf property by the sub-court, North Paravur. The state government had argued that the Commission of Inquiry was necessary to address the concerns of individuals who had occupied the land before its registration as Waqf in 2019.

In November 2024, a massive protests had erupted in Ernakulam’s Munambam, sparked by the Waqf Board’s claim to 404 acres of land owned by over 600 families, predominantly Christian. There were few Hindu families who had also fallen victim to such draconian Waqf exercises in Munambam as reports came in.

However, the court found the government’s decision to be arbitrary and lacking proper application of mind. Justice Bechu Kurian Thomas observed that the government acted mechanically and without proper consideration of the law. The court directed the state to refrain from interfering in matters within the exclusive jurisdiction of the Waqf Board and the Waqf Tribunal.

Ultimately, the court’s decision emphasizes the importance of respecting the exclusive jurisdiction of the Waqf Board and Tribunal in matters related to Waqf properties. The state government’s order appointing the Commission of Inquiry was deemed unsustainable and was subsequently quashed.

Law binding Kerala High Court has no scope to overrule the Waqf Act currently in force by which any Muslim or Muslim body can declare any piece of land as Waqf property arbitrarily as a tool of Islamic land grabbing aka Land Jihad. To curb this perceived draconian provision, the Union Government of India has initiated amendments to the Waqf Act through the central legislature.

The Best Ever Video Short To Explain Waqf.

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__Inputs from Agencies.