The “enemy properties” issue has once again come to the spotlight in Uttar Pradesh. Following the revelation of these properties, actions are now being taken to address the issue. A total of 12,611 enemy properties have been identified across India, with the highest number – 6,041 – located in Uttar Pradesh. In Lucknow, 361 properties are occupied, and in Shamli district, 482 properties have been taken over by individuals.
In the village of MakkadampurKaithi, located in the Sarojini Nagar area of Lucknow, approximately 140 Bighas of enemy land were sold without the knowledge of the Uttar Pradesh government. Upon the discovery of this illegal transaction by the central government, the Ministry of Home Affairs initiated an investigation. A team from the Ministry of Home Affairs arrived in Lucknow to investigate how these enemy properties were sold without any detection.
As part of this investigation, the enemy property custodian Ramesh Nagre, Deputy Secretary Rajendra Kumar, and Chief Observer Arbindam Kumar from the Ministry of Home Affairs met with SDM Falguni Singh of Sarojini Nagar to collect information on the enemy properties in MakkadampurKaithi. Additionally, they held discussions with officials from the Sarojini Nagar Tehsil. Several private colleges and houses have already been constructed on these illegally sold enemy properties.
Yashpal Singh, the Chief Observer of the Enemy Property Office, confirmed that the lands in Makkadampur, where properties were sold, were declared enemy properties long ago. Multiple land registries have already been made in these areas, and many cases related to these properties are pending in court. A meeting with Tehsil officials has already taken place, and for the lands that have not been occupied, boundary markers will be installed to prevent further encroachment. Properties that are not under dispute will be put up for auction.
In the heart of Lucknow, Hazratganj, lies the property of Raja Mahmudabad, which includes several prime properties such as the Mahmudabad Mansion showroom, shops in Hazratganj, Butler Palace, Malka Jamnia Imam Bada, Lari Building, Clay Square Showroom, and several others. The then Raja of Mahmudabad had a considerable estate in Lucknow (Hazratganj), Sitapur, and Nainital. After the Partition, he migrated to Iraq and later settled down in London, while his wife and son, Mohammad Amir Khan, remained in India. Mohammad Amir Khan was also politically active in Uttar Pradesh.
In 1968, following the enactment of the Enemy Property Act by the Government of India, the property of Raja Mahmudabad was declared as enemy property. After the Raja’s death, his son claimed the property and filed a lawsuit, a case that lasted for over 30 years. On October 21, 2005, the Supreme Court ruled in favour of his son, paving the way for future legal petitions in the country. Relatives of individuals who migrated to Pakistan, or were alleged to have done so, presented gift documents to claim ownership of enemy properties.
In 2010, the then UPA government issued an ordinance preventing the courts from ordering the return of enemy properties from the custodian to the government, which made the 2005 Supreme Court verdict ineffective. As a result, the custodian regained control over the king’s properties.
Since 1947, the enemy properties left behind by people who migrated to Pakistan have spread across India, including Uttar Pradesh. In Lucknow alone, there are 115 enemy properties belonging to those who migrated to Pakistan, and many of these properties are currently being rented out. According to Vaibhav Awasthi, an enemy property surveyor, all these properties will be auctioned. Properties worth more than 1 crore will be auctioned through an e-portal, while those worth less than 1 crore can be purchased by anyone interested. The survey of all enemy properties is being conducted swiftly. It has been confirmed that all the enemy properties in Uttar Pradesh belong to people who migrated to Pakistan.
In Siddharthnagar district’s Itwa Tehsil, Malik Shariful Rehman, a resident of Parsohia Tiwari village, migrated to Pakistan with his family after India gained Independence and took Pakistani citizenship. He owned 25 Bighas of land in Parsohia Tiwari village, but this land was never declared as enemy property. Now that the issue has come to light, action has been initiated, and the land will soon be declared enemy property. The villagers had occupied this land and were cultivating it. In 1990, the matter was brought before the sub-district officer, who declared the land as unoccupied on June 25, 1990. However, it should have been declared as enemy property. The case remained dormant in the files, and the villagers continued to use the land. In January 2025, action was finally taken. District Magistrate Dr. Raja Ganapati R sent a letter to the Ministry of Home Affairs, requesting action on this issue.
A case involving enemy property also surfaced in Gonda district. On January 30, 2025, Gonda’s Municipal Council President Uzma Rashid was summoned to the Urban Development Department in Lucknow with relevant records. She is accused of illegally occupying enemy property, having fraudulently seized two shops in Rakabganj, Gonda. On March 16, 2024, an FIR was filed against Uzma Rashid at the Nagar Kotwali, and she was arrested. However, she was later granted bail. The district administration had sent a report to the Urban Development Department regarding her case. Consequently, she was summoned to Lucknow on January 30, 2025.
Uzma Rashid’s husband, Dr. Rashid Iqbal, stated that they are tenants of these shops and are paying rent in accordance with the rules. He denied any illegal occupation of the shops.
The highest number of enemy properties in Uttar Pradesh is located in Sitapur district. In addition, enemy properties can also be found in Rampur, Bareilly, Moradabad, Kanpur, and Farrukhabad. Baghpat also had enemy property in the form of former Pakistani President Pervez Musharraf’s property, which was auctioned off in September 2024.
Meanwhile, the Yogi government in Uttar Pradesh is planning to establish cattle feed centres on enemy properties in the state. The UP government has initiated correspondence with the Government of India regarding this matter.
Enemy property refers to property left behind by people who migrated to enemy countries. The Enemy Property Act of 1968 (amended in 2017) defines enemy property as property that is managed or held by an enemy, enemy dependents, or enemy firms. “Enemy” refers to any country that has committed an aggressive act against India or declared war on India. The term “property” encompasses all movable and immovable assets, such as shares, debentures, etc.
The Enemy Property Act, which came into force in 1968, includes provisions for the management of enemy properties by the Custodian of Enemy Property in India. The C.E.P.I. (Custodian of Enemy Property for India) is a department under the Ministry of Home Affairs, created after the India-Pakistan war of 1965 and the India-China wars of 1962 and 1967. Through C.E.P.I., the central government monitors and controls enemy properties across various states.
In 2017, Parliament passed the Enemy Property (Amendment and Validation) Bill, 2016, which amended the Enemy Property Act, 1968, and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The key purpose of this amendment was to negate the effect of court decisions related to enemy properties. According to the Supreme Court’s 2005 decision, the custodian manages enemy properties as a trustee, and the enemy remains the legal owner. Therefore, after the enemy’s death, the property should pass to their legal heirs.
The amended act extended the definitions of “enemy dependents” and “enemy firms” to include the legal heirs and successors of the enemy, whether Indian citizens or citizens of a country that is not considered an enemy. It also includes the successor firms of enemy firms, irrespective of the nationality of their members or partners. The goal of these amendments was to protect against claims for inheritance or transfer of properties left behind by people who migrated to Pakistan and China after the wars.
Under the provisions of the act, the custodian has the authority to dispose of enemy properties under their control, and the government can issue instructions for this purpose.
In 2020, the central government formed a group of ministers, led by Home Minister Amit Shah, to oversee the disposal of enemy properties. A survey conducted across the country identified 12,000 enemy properties, with an estimated value of 1 lakh crore rupees.
The guidelines for the disposal of enemy properties state that if the value of the property is less than 1 crore rupees, the Custodian of Enemy Property for India (CEPI) must offer the buyer the option to purchase the property. If the buyer refuses, the property will be auctioned electronically. For properties valued between 1 crore and 100 crore rupees, disposal will be done either through e-auction by CEPI or at a price set by the Enemy Property Disposal Committee, unless the central government chooses to retain the property.