Tuesday, October 9, 2012

Kerala Govt gazette notified Wakf land encroached by DSC


Kannur: It was recently that the local Muslims put up a protest against DSC (Defence Security Corps) for blocking entrance to the 3.51 acre Wakf land near Payyambalam beach. The land was under the Defence ownership until 1969 and it was since then it got registered as a Wakf land for facilitating the prayers of Hanafi Muslim officials in the military and those Hanafi Muslim merchants settled nearby; besides the land was meant to be used as Eidgah as well.

It was in the year 1969, the land got registered as a Wakf property to the then Dakhni Muslim Jama’at President Yaekoob Beigh under Wakf register number 5364. 

The Dakhni Muslim Jama’at of Kannur has now decided to face the encroachment legally as they accuse the Wakf board for its careless attitude despite continuous warning from the part of Jama’at at each stages of the encroachment. 

It was in the year 1982 November 23rd the Kerala govt issued a gazette notification confirming this land at Puzhathi Panchayath, Town Survey number 72, Ward 3, Block 2 as a Wakf property. It was since then the Hanafi Muslim officials in the military and merchants nearby migrated to few other places, thus paving way to extensive encroachment in the absence of a firm stand from the part of Kerala Wakf board. 

The Hanafi Muslims still residing at Kannur approached the Wakf board, but the board was in no way ready to help their cause to win back the encroached land. The reason put forward by the board was that they didn’t receive the income and expenditure details regarding the property until then. It was on 22nd January 2003, a notice was issued to the Jama’at asking them to pay an amount of Rs 4069 to the Wakf board as tax for a period of 1978-2002.
But the tax payment was delayed because the Kerala Revenue Department and Kerala Tourism Development Corporation [KTDC] were encroaching the land since 1998 for building parks and other activities, Wakf Board didn’t take any action despite continuous demand from the part of the Dakhni Muslim Jama’ath. Considering this delay the Wakf Board rather soon assumed that the land has been lost. It was on 21st March 2004 the Board meeting finalized that the land has been lost but the Dakhni Muslim Jama’ath was sent with these decisions taken upon the Wakf Board meeting only after four years on 21st April 2009. 

It was on 22nd April 1994 the Jama’ath first registered a complaint before Wakf Board Senior Superintendent, telling that the Wakf land has been encroached. 

Since then on 23rd October 2008, the Jama’ath had sent complaints to Paloli Muhammed Kutty - the then minister entitled with the charge of Wakf affairs, Union Minister E Ahmed, Revenue Minister KP Rajendran, Home Minister Kodiyeri Balakrishnan, place MLA and MP, Joint Parliamentary Committee member TK Hamza and the then Wakf Board Chief Executive Officer. 

The DSC while giving their explanation on the issue was found saying that the KTDC constructed its park in the land owned by Military and that the Surveys conducted by both Kerala Govt and Central Defence has stated that it belongs to DSC. They further stated that it was on public interest that they gave away the land to KTDC for building a park that too under a guarantee that the land will be replaced elsewhere. DSC besides justified their action of blocking the entrance, saying that it was solely because of the security reasons. They concluded their explanation stating that, now with issue being brought to court let the court decide. 

The DSC explanation over the controversy has been more of a generalized type and doesn’t anywhere refer to the issue of Wakf land being encroached. The military justification on the issue took care to neglect strong evidences in the form of Wakf documents and Kerala Govt gazette notification confirming the 3.51 acre land as a Wakf property.

Courtesy –, 25 September 2012

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