Court upholds petitioners' peaceful possession and sanctioned construction on Muzaffarnagar property, dismissing State's claims under Enemy Property Act and Evacuee Property Act
In a significant judgment delivered on September 28, 2026, the Allahabad High Court (Division Bench comprising Justices Prakash Padia and Vivek Saran) ruled in favor of Smt. Prem Goel and three others, holding that the property located at Plot No. 25 (old No. 19), Civil Lines South, Muzaffarnagar, Uttar Pradesh, cannot be treated as enemy or evacuee property without proper documentation and lawful declaration under the applicable statutory provisions. The Court further restrained the State respondents, including the Union of India and others, from interfering in the peaceful possession and sanctioned construction activities undertaken by the petitioners on the said property.
The dispute arose when the petitioners, holding clear and traceable title to the property dating back to 1946 through registered sale, gift deeds, and court decrees, faced repeated allegations by certain individuals, including a complainant named Rewati Nandan and tenant Narendra Arora, that the property was enemy or evacuee property. These allegations led to inquiries by State authorities and the Assistant Custodian of Enemy Property. Despite these allegations, multiple inquiries and official orders, including an order dated August 2, 2019, by the Assistant Custodian of Enemy Property for Uttar Pradesh and Uttarakhand, concluded that the disputed property was not enemy property.
The background facts revealed that the land originally belonged to Nawab Mohammad Sadakkat Ali Khan, who had transferred the property to the predecessors of the petitioners by a registered exchange deed in 1946, before the partition of India. Subsequent family settlements and a civil court decree in 1956 declared exclusive ownership in favor of one Surendra Prakash, whose will bequeathed the property to the petitioners. The petitioners had obtained a sanctioned construction map from the Muzaffarnagar Development Authority dated August 16, 2018, and had commenced development of a commercial complex on the property. However, State authorities stopped construction in January 2023 and partially demolished the building citing the property as enemy property.
The Court examined the relevant statutory provisions, including Sections 2(b) and 2(c) of the Enemy Property Act, 1968, which define "enemy" and "enemy property" and found that the Assistant Custodian's order negated the claim that the disputed land was enemy property. The Court also analyzed the Administration of Evacuee Property Act, 1950, particularly Sections 2(f), 7A, and 56, and noted that the Act was repealed effective September 5, 2005, and in any event, no official notification or record had been produced to classify the property as evacuee property. The Court emphasized that a property cannot be presumed to be enemy or evacuee property without proper statutory declaration and recording.
The Court further observed that the State had failed to produce any valid documentation or legal order to support their claim and that the petitioners' title was well-documented and recognized by prior judicial decrees and registered documents. The Court held that State authorities cannot interfere with sanctioned construction or peaceful possession without valid legal grounds.
In conclusion, the Allahabad High Court allowed the writ petition, directing the State respondents to remove all signage and cease interference with the petitioners' possession and construction activities on the property. The judgment reinforces the principle that properties can only be treated as enemy or evacuee properties upon lawful declaration and proper documentation as prescribed by law, thereby protecting lawful owners from arbitrary State action.
Bottom Line:
Title of property - Property not to be treated as enemy or evacuee property without proper documentation and lawful declaration under applicable statutory provisions.
Statutory provision(s):
Enemy Property Act, 1968 Sections 2(b), 2(c); Administration of Evacuee Property Act, 1950 Sections 2(f), 7A, 56
Smt. Prem Goel v. Union of India, (Allahabad)(DB) : Law Finder Doc Id # 2987552
