Right to property under article 300 A is also available to the non-citizens: SC
Last Updated on February 25, 2024 by News Desk
The bench comprised of Justice B V Nagarathna and Justice Ujjal Bhuyan had observed the same while they were deciding that the enemy property under the Enemy Property Act 1968 is not exempted from the municipal laws as the same is not vested with the central government.
Analysis:– The court noted that the objective, as well as the purpose of the act, is to have the unity of the enemy property all over the country. It also noted that Article 300 A extends to the legal and juristic person and to the people who are not citizens of India.
S.C had expressed its concern regarding the fact that if the ownership of the property is transferred from the enemy to the custodian, who further takes possession as well as manages the property, and if in that case, the property becomes of the union then it will be a deprivation or a loss to the true owner of the property who may be an enemy or an enemy subject or an enemy firm, but such deprivation cannot be without compensation
Conclusion– The court gave regard to the salutary principles as mentioned under Article 300 A of the Act, and said that the taking of the possession of the enemy property for the administration of justice by the custodian cannot be understood or be construed as the instance of transfer of ownership from the true owner to the custodian that is the union.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
