The Madhya Pradesh High Court has directed actor Saif Ali Khan to approach the appellate authority against the central government declaring historical properties of the Pataudi family, estimated to be worth Rs 15,000 crore, as enemy property.
Provisions of the Enemy Property Act allow the Centre to claim properties owned by individuals who migrated to Pakistan post-Partition. It was promulgated in 1968, after the Indo-Pakistani War of 1965.
In 2014, the Custodian of Enemy Property Department issued a notice declaring the Pataudi family’s properties in Bhopal as “enemy property.” The dispute intensified after a 2016 ordinance by the Government of India, which explicitly stated that heirs would have no rights over such properties belonging to the Pataudi family.
Prominent properties under scrutiny include the Flag Staff House, where Saif spent his childhood, Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace and Kohefiza Property. The court had been hearing Khan’s challenge since 2015.
During a hearing on December 13, Deputy Solicitor General Pushpendra Yadav apprised the court that an “appellate authority has been constituted for adjudication of disputes in regard to enemy property.”
Justice Vivek Agarwal, while delivering the order, also said a statutory remedy exists under the amended Enemy Property Act, 2017, and said the parties concerned could file a representation within 30 days.
“It is directed that if representation is filed within 30 days from today (December 13), then the appellate authority shall not advert to the aspect of limitation and shall deal with the appeal on its own merits,” the court said.
As per the court order, Khan was to approach the tribunal by January 12, but there is no official confirmation whether he did. Bhopal Collector Kaushlendra Singh told The Indian Express, “I have not seen the order yet. We will study the order first before taking any steps. We have not received any information on whether Khan has appealed before a tribunal.”
As of 1947, Bhopal was a princely state, and Nawab Hamidullah Khan was its last Nawab. He had three daughters, and his eldest, Abida Sultan, migrated to Pakistan in 1950.
The second daughter, Sajida Sultan, stayed in India, married Nawab Iftikhar Ali Khan Pataudi, and became the legal heir.
Sajida’s grandson, Saif Ali Khan, inherited a share of the properties. However, Abida Sultan’s migration became the focal point for the government’s claim to the properties as “enemy property.”
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