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Enemy Properties in India
Context:
A parcel of 13 bighas of land in Kotana Bangar village, Uttar Pradesh, formerly owned by the family of Pakistan’s ex-President Pervez Musharraf, is being auctioned under The Enemy Property Act, as per a notice issued by the Union Home Ministry.
What is Enemy Property?
- Definition: Enemy property refers to the assets (movable and immovable) left behind by individuals who migrated to enemy countries (Pakistan or China) after the wars of 1947, 1965, and 1971.
- Government Custody: These properties are vested in the Custodian of Enemy Property for India and managed by the central government.
Historical Context:
- Post-War Migration: After the India-Pakistan wars (1965, 1971) and the Sino-Indian war (1962), many individuals migrated to Pakistan or China.
- Their properties were taken over by the Indian government.
- Tashkent Declaration (1966): Included a clause for India and Pakistan to discuss the return of such properties.
- However, Pakistan disposed of these properties in 1971, leaving India to retain control over the assets.
Legal Framework:
- Enemy Property Act (1968): Initially enacted to ensure the continuous vesting of enemy properties in the Custodian.
- Amendments (2017): Parliament passed The Enemy Property (Amendment and Validation) Act, which expanded the definition of “enemy subject” to include legal heirs and successors.
- The law now states that these properties remain with the Custodian even after the enemy’s death or nationality change.
- Reason for Amendments: The amendments were introduced to prevent succession claims after court judgments weakened the Custodian’s powers.
- The 2017 law nullified previous court decisions and ensured enemy properties remained with the government.
Significant Court Cases:
- Raja of Mahmudabad Case (2005): The Supreme Court ruled in favour of the Raja’s son, allowing him to claim enemy properties in UP.
- This ruling led to a surge of claims from relatives of people who migrated to Pakistan.
- 2010 Ordinance: The UPA government issued an ordinance to block the transfer of enemy properties to legal heirs, nullifying the 2005 Supreme Court ruling.
Enemy Properties in India:
- Total Enemy Properties: India has 13,252 enemy properties valued at over ₹1 lakh crore.
- Most are from individuals who migrated to Pakistan, with 126 properties from Chinese nationals.
- State-wise Distribution: Uttar Pradesh has the highest number of enemy properties (5,982), followed by West Bengal (4,354), Delhi, Goa, Maharashtra, and Telangana.
- Immovable Properties: No immovable enemy property has been sold yet. However, movable assets such as shares and gold have been disposed of, generating over ₹3,400 crore.