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Munambam Waqf “Land Grab” issue: Supreme Court extends stay on High Court verdict
['Aishwarya Iyer']
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held that the Waqf Board's 2019 notification declaring the Munambam property as Waqf was ultra vires the provisions of the Waqf Act, 1995, as well as its predecessor statutes.
Citing the statutory definitions from the Mussalman Waqf Act, 1923, Waqf Act, 1954, and Central Waqf Act, 1995, the Bench held that the document was in substance a gift deed, not a Waqf deed, since it lacked the character of inalienability and permanent religious dedication.
The Court's observations echo growing concerns over how successive amendments, starting with Rajiv Gandhi’s 1984 amendment, which granted Waqf Boards sole authority to decide what constitutes Waqf property; the 1995 Waqf Act under P.V.
The judgment also referenced the recent Waqf (Amendment) Act, 2025, which the Supreme Court allowed to operate pending constitutional challenge.
Case Title: Kerala Waqf Samrakshana Vedhi & Ors.