Enemy property bill: Govt placates Muslim MPs
Vishwa Mohan, TNN, Aug 20, 2010, 03.15am IST
NEW DELHI: Modifications in the controversial Enemy Property (Amendment and Validation) Bill, which the government will try to get passed in the ongoing Parliament session, may defeat original purpose of the Ordinance but it appears to have addressed the concerns of both the Union home ministry as well as the group of Muslim MPs — including Cabinet ministers — who have been lobbying against the proposed law.
The Bill, which could not be taken up for consideration and passing on the second consecutive day on Thursday despite being listed for the purpose, will have three amendments. If it gets Parliament's nod, the government will not be able to stop "lawful heir" from claiming his or her property but it will have final say in identifying the "heir".
Besides, it will also have power to weed out encroachers and land mafia from the enemy properties — worth thousands of crores of rupees — across the country.
"Since one of the amendments — deals with section 18 of the Bill — provides how the claimant will have to establish that he or she is the lawful heir, the government will not return the property unless it is satisfied with the claim," said an official while referring to the proposed modifications.
As a direct implication of it, though the government will not be able to stop Raja of Mahmoodabad, M A Mohammad Khan, whose case is said to have become a trigger for bringing the Ordinance in July, from taking over his father's properties back in different cities in Uttar Pradesh, it will have 'last word' in all those cases which have been pending in various courts across the country.
Armed with the new law, the government will be able to stop those whose claims do not appear to be correct as in some of the cases it was suspected that the claimants had allegedly bought the 'will' or 'unregistered gift orders' from those Pakistani or Bangladeshi nationals who had left these properties in India before migrating to those countries.
Some of the claimants had even allegedly managed to come out with 'adoptions certificates' so that they can claim their rights over such valuable properties. While the first amendment is a 'consequential amendment' because some sections will come into force on a different date, the second amendment will substitute new Section 18 for old Section 18.....http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTAvMDgvMjAjQXIwMTUwMQ==&Mode=Gif&Locale=english-skin-custom
Pak sold off ‘enemy property’ long ago
Vishwa Mohan, TNN, Aug 16, 2010, 01.49am IST
NEW DELHI: High profile Muslim MPs may be pitching for individuals’ rights over ‘enemy property’ in India but Pakistan had "unilaterally" sold most such property of Indian nationals long ago. India continues to vest such property in a Custodian, leaving it to the courts to decide its ownership.
The home ministry came across this fact while redrafting the proposed Enemy Property (Amendment and Validation) Bill 2010, which is aimed at weeding out encroachers from such property and restoring the right of genuine legal heirs.
Currently, there are 2,186 ‘enemy properties’ — the properties left by those who migrated to Pakistan and Bangladesh over time — across the country.
Referring to Pakistan’s stand, an official said, “Under the Tashkent Declaration of 1966, it was stipulated that both India and Pakistan would discuss the return of property and assets seized by either side. However, as confirmed by the MEA, Pakistan has unilaterally sold all the properties and assets of Indian nationals, firms and companies.”
The MEA informed the home ministry that most of the transactions in Pakistan took place during 1965-76 when there was no diplomatic relations between the two countries. Citing communication (June 10, 1986) of the then counselor at Indian high commission, Islamabad, the official said, “Pakistan had done this under the provisions of the Defence of Pakistan Ordinances of 1965 and 1971. While the 1965 Ordinance gave Pakistan power to take over properties of Indian citizens/companies till the end of hostilities, the 1971 Ordinance extinguished the right of owners of such properties.”....http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JSC8yMDEwLzA4LzE2I0FyMDA3MDI=&Mode=Gif&Locale=english-skin-custom
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