The Ministry of Home Affairs recently announced that it has begun the process of evicting and selling enemy homes across the nation. This involves the eviction and sale of real estate that former Pakistani and Chinese citizens left behind.
There are currently 12611 establishments in India that have been classified as enemy properties. These properties are believed to be worth over 1 lakh crore in total. The enemy properties will be sold via e-auction on the Metal Scrap Trade Company Ltd, a PSU, e-auction platform.
The procedure will be carried out by the Custodian of Enemy Property for India (CEPI), a body established by the Enemy Property Act. The union government has already sold movable enemy assets, such as shares and gold, and is currently selling immovable enemy assets.
What exactly are enemy properties?
Any property possessed by people or organisations deemed to be “enemies” of the state is referred to as enemy property. Typically, this comprises people or organisations who are nationals or residents of nations at war with India or who have been determined to pose a threat to India’s security and sovereignty.
Real estate, buildings, land, bank accounts, stocks, and other assets are examples of enemy property. The Custodian of Enemy Property for India (CEPI) is granted specific rights in relation to enemy properties in India under the 1968 Enemy Property Act (as modified in 2017).
What does the most recent notice say about this?
The procedures for getting rid of enemy property have altered, the Home Ministry has said. These regulations provide that the process for evicting hostile properties now needs to be started with the assistance of the District Magistrate or Deputy Commissioner in charge before any properties are sold.
The notification further stated that the custodian must first make a purchase offer to the occupant if the worth of an enemy property is less than Rs 1 crore. The enemy property must be sold in accordance with the rules if the resident rejects the offer. The Enemy Property Disposal Committee will determine the price and the mechanism by which the CEPI would dispose of any enemy property valued at less than Rs 100 crore and more than Rs 1 crore.
How to Buy Enemy Properties?
The Home Ministry further stated that for the e-auction of enemy properties, the CEPI would use the Metal Scrap Trade Corporation Limited’s e-auction platform. Authorities from the home ministry have acknowledged that the government has so far made more than Rs. 3400 crores by selling the enemy’s properties. All of the enemy property that was sold was moveable, such as shares, gold, etc.
All enemy properties will be investigated
The Home Ministry has begun a comprehensive investigation of enemy properties in 20 states and 3 Union Territories through the Directorate General of Defence Estates (DGDE). Finding these properties, locating them, and finally making money off of them are the main goals of this survey. In this survey, CEPI is primarily anticipated to identify these properties, and DGDE will later evaluate the current state of these properties to determine their pricing.
An overview of the enemy properties in India
Of the 12,611 enemy properties owned by the CEPI in India, 12,485 had previously been connected to Pakistanis, while 126 were connected to Chinese citizens. The majority of enemy properties 6,255 are found in the state of Uttar Pradesh, which is followed by West Bengal (4,088 properties), Delhi (659), Goa (295), Maharashtra (208), Telangana (158), Gujarat (151), Tripura (105), Bihar (94), Madhya Pradesh (94), Chhattisgarh (78), and Haryana (71).
In addition, there are enemy properties in the following states: 71 in Kerala, 69 in Uttarakhand, 67 in Tamil Nadu, 57 in Meghalaya, 29 in Assam, 24 in Karnataka, 22 in Rajasthan, 10 in Jharkhand, 4 in Daman and Diu, and 1 in each of the Andaman and Nicobar Islands and Andhra Pradesh.
The Enemy Property Act
The Enemy Property Act was originally passed in India in 1968, not long after the 1965 Indo-Pakistani War. The Act’s main goal was to make provisions for the transfer of enemy property to India’s Custodian of Enemy Property. For the government, the Custodian is in charge of overseeing and managing enemy property.
Over time, there have been a number of changes made to the Enemy Property Act. The change made in 2017 was the most important of these. The Act was modified in response to the claims made by Raja Mohammad Amir Mohammad Khan’s heirs regarding his estates spread out across Uttar Pradesh and Uttarakhand. This modification removed the legal heirs’ claim to the property belonging to the adversary.
The scope of the Act was therefore broadened by this modification to encompass not only the property of those who are citizens of the enemy states but also that of their heirs or descendants who are Indian nationals. Also, the law made it legal for the government to sell enemy property, which was previously forbidden.
What authority does the Custodian of Enemy Property for India (CEPI) have?
The Custodian of Enemy Property for India has broad management and administrative authority under the Enemy Property Act of 1968. These rights are meant to prevent the funding of operations that endanger national security by using enemy property. They include the authority to:
1. Take control of and oversee enemy property on behalf of the state.
2. Compile and accept any revenue derived from the enemy’s property, including rentals and profits.
3. Dispose of enemy property as instructed by the government, whether by sale, lease, or other means.
4. File a lawsuit to safeguard and preserve the enemy’s property.
5. Cover all costs associated with the administration and management of enemy property.