Harish Gupta. New Delhi
The fate of 2,186 'enemy properties' will hang in the balance as the bill relating to such properties is set to lapse again.
The reason; the Standing Committee of the Parliament relating to Home Ministry could not take up the bill for a discussion so far. It won't be able to discuss the controvertial bill either this month either. Ttherefore, the Parliament will not be able to discuss and pass the same during the ensuing Monsoon session beginning August 1. It is mandatory for the standing committee to discuss the bill without which it doesn't go back to the parliament.
When contacted, M Venkiah Naidu, chairman of the standing committee confirmed it. He told the DNA, "the committee won’t be able to take up the bill in July."
The bill is considered jinxed from the beginning. This is the third time the Bill is set to lapse. The bill is to replace the old law which said 'no India-born legal heirs to properties, left behind by those who migrated to Pakistan after Partition, can approach the courts. The new version, permits them to claim ownership to such properties, if they prove their status to the government.
It's a high profile - big stake battle. A stellar cast of Congress and BJP politician-lawyers have represented different parties to the wider dispute over the years.
Home Minister Chidambaram appeared in the Supreme Court against the Raja of Mehmoodabad in 2002. Five years later, it was Arun Jaitley, now the leader of the Opposition the Rajya Sabha and in 2009, Ram Jethmalani who appeared against the Raja.
Raja Mohammed Amir Ahmad Khan's legal counsels have included Salman Khurshid, now a Union minister and Abhishek Manu Singhvi, Congress Party spokesperson and a Rajya Sabha MP.
Now the claimants and those occupying the properties and others - including wealthy businessmen including the Raja of Mehmoodabad (UP) - granted user rights to 2200 odd properties over the years by the Custodian, often at throw away rates - await the Parliament's decision.
The UPA government has been trying hard to pass this bill due to its political interest for the past two years. It failed to pass the Enemy Property (Amendment and Validation) Bill in Parliament last year and promulgate fresh Ordinance incorporating the fresh amendments bestowing rights to the families of those who had migrated to Pakistan after the partition.
The bill is controversial in the sense that it includes all the three amendments —allows enemy property to be claimed by legal heir of the original owner, puts limitations on the courts in the divestment of the properties, allowing the custodian to control it, and the third ensures that the legal right of current tenants/occupants of enemy properties remains unaffected by the Bill.
The NDA and the BJP too seem to have two views of the bill and a deferment will come as a relief to all. Since many of their leaders from Uttar Pradesh, not saying no to the bill, just as yet. Former Party president, Rajnath Singh maintains that the party is yet to decide its stand. Another senior BJP leader, Mukhtar Abbas Naqvi says, "People cannot be deprived of what is rightfully theirs."
Even the JD(U) is also in support of the bill. The Congress, however, doesn’t have numbers in the Rajya Sabha and would like to have a consensus and even incorporated a few suggestions.
