Kozhikode: The relatives of Siddique Sait, who had donated the land at Munambam to Farook College, have filed a petition before the three-member waqf tribunal, requesting urgent appointment of an advocate commission to conduct a detailed survey and demarcation of the disputed land at Munambam.
The tribunal will consider the petition on April 21 when the case will be considered next. The petition was filed by NM Irshad Sait, son of Noor Muhammad Sait of Kochi Chullikkal, through advocate . Anas, during the hearing of a plea by Farook College management.
The petition demands an examination of how much property remains, how much has been lost in sea erosion and how much is in the possession of Farook College, and on the basis of which documents are others are holding the land. It also requests determining whether the residents are legal occupants or unauthorized settlers.
Before the main hearing, clarifications with lawyers are currently underway before the tribunal. The arguments on Friday focused on what aspects of the 1950 Waqf Act and the prior Muhammadan law affect the case.
The discussion also covered how Section 36A of the Waqf Amendment Act, which prohibits land transfer without the Waqf Board's permission, would impact the Munambam case.
Advocate KM Muhammad Iqbal, representing the state waqf board, argued that the board declared the Munambam land as waqf property because Farook College, as a mutawalli, did not register it with the board. Arguments were also heard regarding the respective law that would apply to the land documents related to Munambam. Waqf board contended that despite mention of land transaction rights in the land document, sales without the board's permission are not valid under the amended Waqf Act.
Judge Rajan Thattil stated during the hearing that the media would not be excluded and that whatever transpires at the hearing should be known to the public.