The High Court of Bombay at Goa has quashed an order issued by the Custodian of Enemy Property for India (CEPI) dated October 8, 2010, which had declared a property in Assagao village as enemy property belonging to Leonildes Artimisia, a Pakistani national.
The court noted that the order was passed without giving the petitioners an opportunity to be heard, despite their claim of having acquired rights over the property before the order was issued.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
Petitioners Rosette Maria Lobo and Akshaya Kamat, who claimed ownership of the property, stated that it was originally owned by Michael Ignatius and his wife Lena, who migrated to Karachi after Goa’s liberation in 1960. Their son, Stephen Ignatius, became the rightful owner following inventory proceedings and later authorised Audhut Vithal Pole through a general power of attorney. Pole then sold the property to Pramod Bhikaji Padate, who remained in peaceful possession until he sold it to the petitioners in March 2009.
The petitioners argued that the CEPI’s 2010 order violated principles of natural justice since they were neither notified nor given a chance to present their claim despite holding a valid sale deed.
Advocate Nigel da Costa Frias, representing the petitioners, pointed out that the order lacked justification as to why the Assagao property surveyed under No. 218/3 was declared enemy property.
Accepting their contention, the High Court set aside the CEPI order and remanded the matter for fresh consideration. The Custodian of Enemy Property has been directed to take a new decision after providing a fair hearing to all parties involved.
