Enemy properties?a legacy of India?s bitter partition?are in the eye of a political storm as disagreements persist between the government and the BJP. A property is titled ?enemy property? if it falls under the purview of the Enemy Property Act 1968, which was created in the aftermath of the 1965 Indo-Pak war. Enemy property, a strange name as it may sound, is the name given to the properties left behind by those who renounced their Indian citizenship and migrated to Pakistan. At present, there are 2,186 such properties with UP having the maximum (67%), followed by West Bengal (16), Delhi (3), Gujarat (2.9), Bihar (1.8), Goa (1.6), MP (1.3) and Maharashtra (1.1). In 1971, as per PTI, the government had valued these properties at Rs 29.4 crore. The exact worth of such properties is anyone?s guess and their current market value is believed to be thousands of crores.
At the centre of the controversy is the Raja of Mahmudabad, who got a favourable judgement by the Supreme Court in 2005 that led to a spate of petitions in various high courts by heirs seeking restoration of their seized enemy properties. In view of this, the Centre promulgated an Ordinance on July 2 that invalidated the effects of the SC judgement. However, following protests, the government withheld the Enemy Property (Amendment and Validation) Bill, 2010, which stated ?the property shall continue to vest in the custodian irrespective of the death or extinction of the enemy? and decided to make certain amendments to it. The amendments allow the enemy property to be claimed by the legal heirs of the rightful Indian owners?provided they establish their citizenship to the government. Also, they impose limitations on recourse to the courts. Those affected by these changes are fearing that hard-won battles will have to be fought all over again.
The government?faced with the prospect of its Ordinance lapsing?has been convening meetings and consultations across parties to form a consensus on the Bill. With the country?s overall land market being in a rejuvenation mode, it is essential that we realise the untapped potential of the enemy property market and evolve a consensus that is in the interest of the nation as a whole.
jaya.jumrani@expressindia.com