The Enemy Property (Amendment & Validation) Bill, 2010

By Mumtaz Alam Falahi, TwoCircles.net,

New Delhi: The Enemy Property (Amendment & Validation) Second Bill, 2010, which is presently with the Department-Related Parliamentary Standing Committee (Rajya Sabha) On Home Affairs, “proposes for inserting suitable provisions to enable the Custodian of Enemy Property and the Central Government to preserve and manage the enemy properties more effectively.”


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The bill is also aimed at blocking the legal rout through which Raja of Mahmoodabad won the title suit in 2010 when the Supreme Court upheld his right on the properties his father left behind in India while moving to Pakistan in 1957. After the 1965 war with Pakistan, India enacted Enemy Property Act, 1968 through which our country declared all properties of those migrants including those of Late Raja MA Ahmad Khan, father of Raja of Mahmoodabad, as ‘enemy properties’. However, the Raja fought the case and after more than three decades won the case in Supreme Court.

But soon after the SC order, the Union Home Ministry issued an ordinance blocking the way for future claimants but after protest it was withdrawn. Then the government introduced in the Lok Sabha the Enemy Property (Amendment & Validation) Second Bill, 2010 on 15th November 2010. The bill could not be passed and sent to aforesaid committee for redraft.

Headed by Venkaiah Naidu, Rajya Sabha Member of BJP, the Department-Related Parliamentary Standing Committee (Rajya Sabha) On Home Affairs, which is working on the bill, has set March 15, 2011 as the last date to receive comments and suggestions from public.

There are 31 members on the committee from various political parties. They include 7 Members (including LK Advani) from BJP and 10 from Congress. There are four Muslim Members of Rajya Sabha also on the committee. They are: Tariq Anwar (NCP), Javed Akhtar (Nominated), Mohammad Asrarul Haque (Congress) and Muhammed Hamdulla A. B. Sayeed (Congress).

List of Members of the Committee

Sr.no

Member Name

Status

House

Party

State

1

Shri M. Venkaiah Naidu

Chairman

Rajya Sabha

B.J.P.

KAR

2

Shri Tariq Anwar

Member

Rajya Sabha

N.C.P.

Maharashtra

3

Shri S.S. Ahluwalia

Member

Rajya Sabha

B.J.P.

JHK

4

Dr. N. Janardhana Reddy

Member

Rajya Sabha

I.N.C.

AP

5

Dr. V. Maitreyan

Member

Rajya Sabha

A.I.A.D.M.K.

Tamil Nadu

6

Shri Prasanta Chatterjee

Member

Rajya Sabha

C.P.I.(M)

West Bengal

7

Shri Rishang Keishing

Member

Rajya Sabha

I.N.C.

Manipur

8

Shri D. Raja

Member

Rajya Sabha

C.P.I.

Tamil Nadu

9

Shri Naresh Chandra Agrawal

Member

Rajya Sabha

B.S.P.

UP

10 1

Shri Javed Akhtar

Member

Rajya Sabha

Nom.

NOM.

11

Shri Bhausaheb Rajaram Wakchaure

Member

Lok Sabha 

S.S.

12

Shri Neeraj Shekhar

Member

Lok Sabha 

S.P.

Uttar Pradesh

13

Shri Bishnu Pada Ray

Member

Lok Sabha 

B.J.P.

Andaman & Nicobar Islands

14

Dr. Rattan Singh Ajnala

Member

Lok Sabha 

S.A.D.

Punjab

15

Shri Naveen Jindal

Member

Lok Sabha 

I.N.C.

Haryana

16

Kakoli Ghosh Dastidar

Member

Lok Sabha 

A.I.T.C.

17

Shri Ramen Deka

Member

Lok Sabha 

B.J.P.

18

Shri Mohammad Asrarul Haque

Member

Lok Sabha 

I.N.C.

19

Shri Jitender Singh Malik

Member

Lok Sabha 

I.N.C.

20

Shri Lalubhai Babubhai Patel

Member

Lok Sabha 

B.J.P.

21

Shri Natubhai Gomanbhai Patel

Member

Lok Sabha 

B.J.P.

22

Shri L. Rajagopal

Member

Lok Sabha 

I.N.C.

23

Dr. Nilesh Narayan Rane

Member

Lok Sabha 

I.N.C.

24

Muhammed Hamdulla A. B. Sayeed

Member

Lok Sabha 

I.N.C.

25

Shri Ravneet Singh

Member

Lok Sabha 

I.N.C.

26

Smt. Seema Upadhyay

Member

Lok Sabha 

B.S.P.

27

Shri Anirudhan Sampath

Member

Lok Sabha 

C.P.I.(M)

28

Dr. Raghuvansh Prasad Singh

Member

Lok Sabha 

R.J.D.

Bihar

29

Shri Dinesh Chandra Yadav

Member

Lok Sabha 

J.D.(U)

Bihar

30

Shri Lal Krishna Advani

Member

Lok Sabha 

B.J.P.

Gujarat

31

Shri Harsh Vardhan

Member

Lok Sabha 

I.N.C.

 Nominated w.e.f. 21/09/2010

Several thousands of Muslims migrated to Pakistan after Independence in 1947 and later, leaving behind properties. Close relatives of many of those migrants, however, preferred India to live in. Many of them are legal heirs of those migrants. The bill will directly affect these thousands of genuine citizens of the country.

Text of the Enemy Property (Amendment & Validation) Bill, 2010

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