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Where does the government authority go to intervene in the WAQF property problem?

Where does the government authority go to intervene in the WAQF property problem?

Kochi: Observing that the dispute property in Munambam has been declared WAQF lands under the WAQF law, the Kerala Superior Court questioned the authority of the state government on Monday to intervene in the matter.

“Unless and until the WAQF Board order is varied or modified by the WAQF court, the statutes say that the WAQF Board finding is definitive. There is already a legal statement that it is a property of WAQF, ”said Judge Bechu Kurian Thomas.

The court asked if the government could appoint a commission to investigate the issue of the land when there was a judicial conclusion that it was a land. “Where is the government authority to consider a question about a property of WAQF,” the court asked.

The HC also said: “Can a investigation commission be appointed in the matter that is pending before the Court? The public importance that had led the government to appoint the commission had not been mentioned in the order. There is an apparent absence of public importance in the appointment of the Commission. “

The court indicated that the WAQF Board and a civil court had found that the land was owned by WAQF. Citing the terms of reference of the commission, which they say was designated to protect the interests of the occupants of good faith of the land, the court orally observed that the Government could not legally call them to the occupants in good faith.

“Some take the law in their own hands and the government calls them occupants in good faith. It was a private dispute between the occupants of the Earth and the people to whom it belonged originally, ”the HC observed orally.