Slow progress in regard to Enemy Property

Evacuee and or Enemy property is that left behind by nationals/ residents of Pakistan or China (or any other country who performed external belligerence against India) and who have moved out of India.  During the two wars with Pakistan in 1965 and 1971, the Indian government took over many properties owned by those who had opted for Pakistani citizenship, to ensure that profits accruing from that property or business were not channeled to Pakistan to help it fight the war.

In Delhi about 3,500 built-up evacuee properties were transferred by the rehabilitation ministry to the municipal corporation of Delhi for slum clearance, during the period of 1962 to 1974. Another 10,000 bighas of agricultural land was also transferred by the ministry of rehabilitation to the DDA for land and building development.

Pakistan sold off all such property in 1975, Due, inter-alia, to various Indian court decisions the Act in this regard was last revised in 2017. Read more here. The guidelines for the disposal of properties were amended in 2019, to facilitate ‘usages of enemy property by the state government exclusively for public use’. Various committees have also been set up and surveys undertaken.

Reasons for the amended Bill:

• The term “Enemy” was widened to include legal heirs irrespective of the citizenship.
• The sale of enemy property cannot be performed by the enemy/ heirs, the Law of Succession will not be applicable.
• The Government can exclusively use the enemy property for public use.
•  Civil Courts cannot entertain matters related to enemy property, only High Courts and Supreme Court will be having jurisdiction.
• The Custodian becomes the owner of enemy property retrospectively from 1968 and will have all rights to evict, get encroachments removed and sell enemy property.

An issue raised against the amendment is that it applies retrospectively and impacts the rights of an earlier purchaser of such property

 Extent of Properties

 An estimated 7 million left for Pakistan after the partition/ communal clashes, and 5 million migrated from West Pakistan to India. Of the total then estimated 9,406 enemy properties in India, 9,280 were left behind by Pakistani nationals and 126 properties by Chinese nationals. Also shares worth about 3000 crores (Feb 2019). Amongst the former, 4,991 are located in Uttar Pradesh, West Bengal has 2,735 and Delhi 487. Properties left by Chinese nationals is in Meghalaya (57), West Bengal has 29 such properties and Assam seven. These properties were estimated to be valued at over rupees one lakh crores,

In Nov 21, it was reported that there are 12610 number of Enemy Properties (belonging to Pakistan Nationals and Chinese Nationals), which have been declared and are vested in the Custodian of Enemy Property for India.

 Some recent developments

Hyderabad Oct 2021 : The single largest enemy property in India is on the outskirts of Hyderabad spread over more than 650 acres in Shamshabad Mandal Ranga Reddy district.. CEPI has been pursuing the case with the state government due to the threat of encroachments looming large as land sharks set eyes on it. The encroaches apparently include some prominent and politically well-connected individuals and cover over 540 acres

https://timesofindia.indiatimes.com/city/hyderabad/cepi-cracks-down-on-shamshabad-squatters/articleshow/86899239.cms

 Goa Oct 2021 - The state identified 3.5,00,00 square metres of land as enemy property. Over 40 apartments and 30 shops across seven buildings 19 residential bungalows and several commercial houses had come up in part of this enemy property in one area alone.

https://timesofindia.indiatimes.com/city/goa/3-5l-sqm-of-enemy-property-identified-will-conduct-resurvey-if-needed-cm-to-house/articleshow/87144774.cms

 Kanpur May 2022 : -  Notices have served on 30 people of the city following a campaign to remove people living in enemy properties for years.

 http://timesofindia.indiatimes.com/articleshow/91479129.cms

Ghonda June 2022: The district administration has freed a 56-bigha enemy property from encroachers in Akauni village, Gonda, UP when a team along with heavy police force, operated a tractor over the sugarcane crop which was planted on the said piece of land, and destroyed it, a case was registered against four encroachers.

 https://www.outlookindia.com/national/56-bigha-enemy-property-freed-in-gonda-news-194593

This issue recently came into limelight in regard to the riots that too place in Kanpur early this month. It was found that stone pelting etc. was done from several storey high buildings that were built on enemy property

Next: Jal Jeevan  Mission - An update

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