Ahmedabad: Nearly 70 years after the Kailas Cooperative Housing Society Ltd was formed near Ashram Road in the Navrangpura area, the fear of eviction has come to haunt the residents and property holders. The society, which currently houses residential and commercial units, is battling the central govt’s claim to declare their land as ‘enemy property‘ after descendants of its previous owner migrated to Pakistan in 1966. The society claimed it was formed in 1955 after acquiring the land from two persons on a 999-year lease, which is extendable to another 999 years.
After first moving the Gujarat High Court in 2023, the residents once again approached the HC on Wednesday, complaining that the custodian began measuring the land and entering houses without any prior intimation. They sought immediate intervention from the court, expressing apprehension that the central govt would enter its name in the revenue record as provided in the Act and evict them from the land. Justice Aniruddha Mayee issued notice to the Centre, asking it to reply by April 25, and stated, “In the meantime, status as on today shall be maintained till the next date of hearing.”
The ‘enemy property’ threat first hit Kailas Cooperative Housing Society out of the blue in 2006 when occupiers received notices from the Custodian of Enemy Property in India, Ministry of Home Affairs. They learned that the govt intended to claim ownership of the land on the grounds that it belonged to a Muslim family, whose members migrated to Pakistan in 1966. This fact came to the notice of the govt, and it initiated the process under the provisions of the Enemy Property Act, 1968.
In 2013, the custodian passed an order under the provisions of section 12 of the Act for the issuance of certificates restraining the property holders from selling it further. This development came to the notice of the residents a decade later in 2023 when the custodian asked them to enter into a leave and license agreement with the authority, restraining them from alienating the property and requiring them to pay rent.
Upon receiving this communication, the society moved the HC challenging the Centre’s bid to claim ownership by declaring it enemy property. In its petition, the society contended that one Mohamadmiya Gulamhussain Kagdi purchased this land in 1917, and he remained an Indian during his lifetime. He sold the land to two Hindu persons, who further leased it to the cooperative housing society in 1955.
The society countered the govt’s claim about the Muslim family’s ownership of the land. It was contended that Kagdi died in India, and a couple of his descendants migrated to Pakistan in 1966. However, the family sold the land long before its members left India for the newly carved-out country.
The HC issued notice to the custodian and other authorities concerned in response to the petition and permitted the society to request the authorities to defer the proceedings while the issue was pending in the HC. However, on Wednesday, the society filed another application in the HC complaining that the custodian began measuring the land and sought immediate intervention from the court, expressing apprehension of eviction.
For the Centre, advocate Harsheel Shukla submitted, “Mapping the land is a routine exercise. The purpose is not to transfer or dispose of the property, but to see that the property is not further transferred or alienated because the certificates have been issued.” Justice Aniruddha Mayee issued notice to the Centre and ordered status quo till the next date of hearing.
A similar proceeding is underway involving one Vasant Nature Cure Hospital and Pratibha Maternity Hospital Charitable Trust in the Thaltej area. The HC has stayed the process in this case as well.
After first moving the Gujarat High Court in 2023, the residents once again approached the HC on Wednesday, complaining that the custodian began measuring the land and entering houses without any prior intimation. They sought immediate intervention from the court, expressing apprehension that the central govt would enter its name in the revenue record as provided in the Act and evict them from the land. Justice Aniruddha Mayee issued notice to the Centre, asking it to reply by April 25, and stated, “In the meantime, status as on today shall be maintained till the next date of hearing.”
The ‘enemy property’ threat first hit Kailas Cooperative Housing Society out of the blue in 2006 when occupiers received notices from the Custodian of Enemy Property in India, Ministry of Home Affairs. They learned that the govt intended to claim ownership of the land on the grounds that it belonged to a Muslim family, whose members migrated to Pakistan in 1966. This fact came to the notice of the govt, and it initiated the process under the provisions of the Enemy Property Act, 1968.
In 2013, the custodian passed an order under the provisions of section 12 of the Act for the issuance of certificates restraining the property holders from selling it further. This development came to the notice of the residents a decade later in 2023 when the custodian asked them to enter into a leave and license agreement with the authority, restraining them from alienating the property and requiring them to pay rent.
Upon receiving this communication, the society moved the HC challenging the Centre’s bid to claim ownership by declaring it enemy property. In its petition, the society contended that one Mohamadmiya Gulamhussain Kagdi purchased this land in 1917, and he remained an Indian during his lifetime. He sold the land to two Hindu persons, who further leased it to the cooperative housing society in 1955.
The society countered the govt’s claim about the Muslim family’s ownership of the land. It was contended that Kagdi died in India, and a couple of his descendants migrated to Pakistan in 1966. However, the family sold the land long before its members left India for the newly carved-out country.
The HC issued notice to the custodian and other authorities concerned in response to the petition and permitted the society to request the authorities to defer the proceedings while the issue was pending in the HC. However, on Wednesday, the society filed another application in the HC complaining that the custodian began measuring the land and sought immediate intervention from the court, expressing apprehension of eviction.
For the Centre, advocate Harsheel Shukla submitted, “Mapping the land is a routine exercise. The purpose is not to transfer or dispose of the property, but to see that the property is not further transferred or alienated because the certificates have been issued.” Justice Aniruddha Mayee issued notice to the Centre and ordered status quo till the next date of hearing.
A similar proceeding is underway involving one Vasant Nature Cure Hospital and Pratibha Maternity Hospital Charitable Trust in the Thaltej area. The HC has stayed the process in this case as well.