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SUVRA GHOSH
Srijan Infrarealty Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SUVRA GHOSH, J.
1. The petitioners are aggrieved by the notice issued by the Custodian of Enemy Property for India in two newspapers The Telegraph and Anandabazar Patrika on February 16, 2023, restricting transfer/sale of enemy properties. The notice informs that eight immovable properties situated at 47, Matheswartala road, Kolkata-700046 are vested with the Custodian of the Enemy Property for India.
2. The petitioners claim to be joint lessees in respect of the property in question wherein they are developing a residential complex through petitioner no. 15. Learned counsel for the petitioners submits that the eight properties declared to be vested are not demarcated and cannot be identified for which the public notice issued by the respondents has adversely affected the petitioners’ property, restraining transfer of flats and constructed space therein. Drawing the attention of the Court to annexure P-1 of the writ petition, learned counsel for the petitioners submits that the plot in question was originally owned by Indian nationals and not by any foreign national. Though undivided shares/interest in the property were leased out to the petitioners, each of the properties
The court emphasizes the importance of clear identification and demarcation of properties declared as enemy properties in any notice or order issued under the Enemy Property Act, 1968.
Sealing of property and ouster of owner from enemy property – Although Custodian can take steps for affixation of a notice at a property deemed be enemy property for the purpose of vesting the same i....
The Assistant Custodian of Enemy Property lacks the authority to issue prohibitory orders regarding properties that have not been vested in him under the Enemy Property Act, 1968.
Enemy property vested in the Custodian does not transfer ownership to the Union, thus remains liable for local taxation under Article 285 of the Constitution.
The central legal point established in the judgment is that a person's status as an 'enemy' under the Enemy Property Act must be determined based on the definitions provided in the Act and the Citize....
The discretionary jurisdiction under Article 226 of the Constitution of India should not be exercised to protect and promote an illegality, and the Court would not pass orders to protect or advance a....
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