Context:
The ongoing case regarding the Pataudi family properties linked to Saif Ali Khan, where the government claims ownership due to a family member migrating to Pakistan after partition.
Enemy Property Act of 1968
The Enemy Property Act of 1968 is an Indian law that regulates the ownership of properties owned by people or countries considered enemies of India. The act was passed after the 1965 Indo-Pakistani war.
Key Features:
- What does the Enemy Property Act do?
- The act empowers the government to seize properties belonging to people or nations that are declared enemies of India.
- The act ensures that these properties are not misused against the national interests of India.
- The act declares what is considered enemy property and empowers the government to administer and dispose of it.
- Who is liable for enemy property?
- The Custodian of Enemy Property for India is a government department responsible for enemy property.
- What happens to the heirs of enemy property owners?
- The act prevents the heirs or relatives of enemy state nationals from inheriting properties in India.
Amendments
- The Enemy Property (Amendment and Validation) Bill, 2016 was enacted in the year 2017 which superseded the Act of 1968.
- The amendment has now expanded the meaning of “enemy subject” and “enemy firm” which now includes the legal heirs and successors of enemies.
Some Important Legal Precedents:
- Union of India v. Raja Mohammad Amir Mohammad Khan, 2005
- Properties of a citizen of India could not be said to be enemy property.
- Lucknow Nagar Nigam & Others v. Kohli Brothers Colour Lab Pvt. Ltd & Others, 2024
- The Supreme Court ruled that enemy property which stood vested in the Custodian was only transitory.
- Public Premises (Eviction of Unauthorised Occupants) Act, 1971
- It removes unauthorised occupation of public property.
- There is a very effective mechanism available for the eviction of unauthorized people from public property.
