Kochi, Kerala. The High Court has dismissed a case registered on allegations of encroaching Waqf land. The case against the Senior Superintendent of the Calicut Postal Division and the Marikkunnu Sub-Postmaster has been quashed.
The High Court observed that the 2013 Waqf Amendment does not have retrospective effect. Consequently, it cancelled the proceedings initiated in the First Magistrate Court in Kozhikode.
The court pointed out that the land had been under the possession of the defendants even before the 2013 Waqf Amendment. The case was filed on grounds that the land was held without the Waqf Board’s permission. The post office began operations on the land in 1999, and it was only in 2017 that a case was filed against the Kozhikode postal employees, which led them to approach the High Court in their defence.
The Waqf Board had taken action based on the 2013 Waqf Amendment, aiming to reclaim encroached Waqf lands. However, the High Court clarified that the amendment does not apply retrospectively, indicating that criminal proceedings cannot be initiated over land held before the amendment came into effect.
This ruling from the High Court is significant, especially in the context of disputes over Waqf lands in areas such as Munambam, Chavakkad, and Wayanad, where the Waqf Board has raised concerns.
