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Waqf Amendment Act has no retrospective effect: Kerala High Court
The Statesman
|November 13, 2024
The Kerala High Court has ruled that Section 52A of the Wakf Act cannot be applied with retrospective effect if there was prior possession of the property, that is before the insertion of Section 52A in 2013.
The court held there is no retrospective effect for the insertion of Section 52A in 2013 in the Waqf Act. The court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013.
A single bench of Justice P.V. Kunhikrishnan quashed the proceedings initiated against the employees of the post office on finding that they had the property since 1999.
This story is from the November 13, 2024 edition of The Statesman.
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