Sunayana Basu Mallik Highlights Key Aspects of the Enemy Property Act in Business Standard Article

Posted On - 24 January, 2025 • By - King Stubb & Kasiva

Sunayana Basu Mallik recently shared her insights on the Enemy Property Act in an article titled “Enemy Property Act: What to do if your home or property is wrongly listed,” published by Business Standard.

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Addressing the challenges faced by occupants of properties listed under the Enemy Property Act, Sunayana stated, “If your property comes under the Enemy Property Act, you must know that there is no specific rehabilitation package. Instead, a certain percentage of the total valuation is provided to the existing occupants, according to a notification dated March 21, 2018, under the Enemy Property Rules 2015.”

She further explained, “For properties valued under ₹1 crore, tenants are given the first right to purchase, as per a gazette notification dated March 17, 2023. Other properties are disposed of through e-auction at a valuation determined by the central government. The eviction process is overseen by magistrates, not civil courts, raising questions about definitions of ‘enemy’ and ‘acts of aggression.’”

Sunayana also pointed out the restrictive nature of the Act, stating, “The structure of this Act differs significantly from inheritance and land acquisition laws in India. The Custodian is vested with absolute powers, with limited scope for natural justice or the right to be heard. Appeals are limited to High Courts, and the 2017 amendments have significantly curtailed judicial intervention.”

Article: https://www.business-standard.com/finance/personal-finance/enemy-property-act-what-to-do-if-your-home-or-property-is-wrongly-listed-125012301054_1.html