Enemy Poperty Indian Context Land Acquisition Indian Context Amaravati Land Acquisition Case Study

1. Government College of Engineering
Aurangabad
Department of Civil Engineering

2. Enemy Property
1. Concept
2. Enemy property in indian context
3. Current scenario
4. Issues in India
5. Features of new law
6. Custodian of enemy property of India
Land Acquisition
1. Definition
2. Land acquisition process
3. Issues in indian context
4. Amravati case study

4. When nations go to the war, they often seize the
properties in their countries of the citizens and
corporations of the enemy country.
Properties that are seized under these circumstances are
referred to as an ‘Alien Properties’ or ‘Enemy Properties.’
Objective: An enemy country should not be allowed to
take advantage of its assets in the other country during
war.

5. When wars broke out between India-China in 1962 and
India-Pakistan in 1965 and 1971, the central
government took over properties of citizens of China
and Pakistan in India under the Defense of India Acts.
These act defined ‘enemy’ as a country that committed
an act of aggression against India and its citizens.
The properties of enemies in India were classified as
enemy property.

6. The properties included land, buildings, shares held in
companies, gold and jewellery of the citizens of enemy
countries.
The responsibility of the administration of enemy
properties was handed over to the Custodian of Enemy
Property (an office under GOI).
The Defense of India Acts were temporary laws that
ceased to operate after the wars ended.
To administer the enemy property seized during the
wars, the government enacted the Enemy Property Act
in 1968.

7. Till date, about 9500 enemy properties have been
identified.
A majority of them belong to Pakistani citizens with
value at Rs. 1,04,339 crore.
Pakistan also enacted similar laws to seize assets of
Indian citizens and companies in Pakistan. But unlike
India, they have sold off these properties in 1971.

8. The Enemy Property Act gave enemy citizens certain
rights with respect to their properties vested in the
custodian.
Some of these disputes related to Indian citizens
challenging whether they could inherit enemy
properties belonging to their ancestors who were
nationals of enemy countries.
Supreme Court ruling in 2005, “ The Custodian of Enemy
Property was administering the property as a trustee
and the enemy continued to be its owner. Therefore, on
the death of the enemy, the enemy property should be
inherited by their legal heirs.”

9. In 2010, the government issued an ordinance to expand
the powers of the custodian regarding enemy property.
It sought to permanently vest enemy property in the
custodian even in case of the enemy’s death or a change
in his nationality.
However, the ordinance lapsed.
In 2016, ordinance went step further and vested
ownership rights over enemy property in the custodian.
This made GOI the owner of enemy property.
In December 2016, the ordinance has been replaced by
the law passed by Parliament.

10. 1. Makes the Custodian as the owner of the enemy
property.
2. It voids the legal sales undertaken by enemies of
enemy property since 1968. This means that a
person who may have bought an enemy property in
good faith when such sale and purchase was legal,
now stands to lose the property.
3. It prohibits Indian citizens who are legal heirs of
enemies from inheriting enemy property and brings
them within the definition of enemy.
4. It prohibits civil courts and other authorities from
hearing certain disputes relating to enemy property.

11. This can be challenged in court as a violation of
Article 14 which guarantees the Right to Equality
and protects people from arbitrary actions of the
government.

12. Main Office- Mumbai
Branch- Kolkata
Full Address (Mumbai): 1st Floor, Kaiseri- Hind
Building, Currimbhoy Road, Ballard Estate ,
Mumbai, Maharashtra - 400001
Full Address (Kolkata): 14, Netaji Subhas Road (B B
D Bag), Kolkata, West Bengal - 700001

14. Land acquisition in India refers to the process by
which the union or a state government in India
acquires private land for the public purpose and
provides compensation to the affected land owners
and their rehabilitation and resettlement.
Definition of public purpose in act:
1. Strategic
2. Industry and Infrastructure
3. Residential purpose for poor, education and
health schemes.
4. Need arising from natural calamities

15. Land ownership confers
Tangible Benefits Intangible Benefits
Shelter Security
Livelihood Standing in society

16. Investigation of land by the authority who is need of
land and application has to be field.
Preliminary notice must be published in official
gazette and 2 daily newspapers.
After notification, the land owner is prohibited to sell
his land.
Objections from the persons interested within 30 days
subjected to conditions.

17. Collector to hear the objections and submit the report
to government.
After notification the collector proceeds with the
claim.
The collector offers a fair price to an owner.
The market value of the land is determined at the date
of notification.
Award has to be given within a period of 2 years from
the date of notification.

18. Any person interested to whom the award is not
satisfactory can submit a written application to the
court.
This application should be made within six weeks
from the date of declaration of the award.
Each of the claimants are entitled to the value of his
interested, which he has lost, by compulsory
acquisition.
Thus it is required to value a variety of interest, rights
and claims in the land in terms of money.

20. 1. Little meaningful negotiations,
2. Delay in overall process,
3. Due to corruption, the full compensation doesn’t
reach the beneficiaries and delay in payment,
4. The methods by which compensation is fixed are
subjective and suboptimal.

22. For compensation details click on below link.
“ Indian Express Journal Video”
The Land Pooling Scheme for the construction of the
new Greenfield capital city of Andhra Pradesh is very
successful.
Nearly 33000 acres of land from farmers is pooled
without much protest.

23. Compensation provided are as follows:
Developed residential and commercial plots ranging
from 8100 to 15300 sq. feet for every one acre of land
surrendered.
Annual compensation of Rs. 30,000 to 50,000 per acre
per year with 10% yearly increase for a 10 year period
which is roughly they would make from cultivating 3
acres.
Waived off stamp duty and other taxes in the event of
their selling these plots.

24. Capital Region Social Security Fund for estimated
12,000 displaced families of agricultural labourers and
tenant farmers.
Out of total 33,000 acres acquired, almost 8,000 acres
will go back to the original land owners to create
sense of belonging in new infrastructure.

26. http://www.dolr.nic.in
http://www.dnaindia.com
http://en.wikipedia.org/wiki
http://www.deccanherald.com
http://www.indianexpress.com
http://www.thehindu.com
http://www.slideshare.com
http://www.indiatimes.com