Team Herald
PANJIM: The struggle of a citizen from Panjim to get back the enemy property attached by the Custodian of Enemy Properties for India (CEPI) continues as he has now filed an appeal before the High Court of Bombay at Goa.
The petitioner had purchased a plot at Assagao in Bardez in 2007 from the son of a woman, who died in Pakistan. In 2020, he discovered that by an order sometime in 2010, the survey authorities corrected/mutated the survey record by invoking the provisions of Section 103 of the Goa Land Revenue Code, 1968, and included in the survey record, the name of the Custodian of Enemy Property for India (CEPI) as against the property.
But the petitioner approached the High Court challenging the order dated October 8, 2010, by the CEPI under the relevant sections of the Enemy Property Act, 1968 by pointing out that neither the son, who sold the property nor he was aware of such order and that they were not served with any notice before effecting the alleged correction/mutation. Based on the Sale Deed, the mutation was carried out in the survey records in 2007 and the petitioner’s name was included in the occupants’ column as per the Goa Land Revenue Code, 1968.
The High Court too had observed that there were no details as to when the woman was alleged to have migrated and whether she, at any stage, gave up her Indian citizenship and acquired Pakistani citizenship. But since his property has been attached, he has again knocked the doors of the Court. He has now prayed to transfer the property vested as enemy property under section 18 of The Enemy Property Act.
In his appeal, the petitioner has named the Assistant Custodian of Enemy Property of India and others. Deputy Solicitor General of India Pravin N Faldessai, is representing the Assistant Custodian of Enemy Property of India.