PANAJI
The High Court of Bombay at Goa has quashed and set aside an order passed by the Custodian of Enemy Property for India (CEPI) on October 8, 2010, which had declared a property in Assagao as enemy property belonging to one Leonildes Artimisia, a Pakistani national, and subsequently vested the property with the Custodian.
The High Court noted that the order had been issued without affording the petitioners an opportunity of being heard, despite their assertion that they had acquired ownership rights over the property prior to the CEPI’s decision.
The petitioners, claiming to be lawful owners, submitted that the property originally belonged to a couple, Michael Ignatius and his wife Lena. Details reveal that Ignatius migrated to Karachi, Pakistan after Goa’s liberation in 1960, and both later passed away.
After their demise, the property devolved upon their son, Stephen Ignatius, through Inventory Proceedings, making him the absolute owner. Stephen then appointed Audhut Vithal Pole as his attorney through a General Power of Attorney, who in turn executed a Sale Deed in favour of Pramod Bhikaji Padate. Padate became the sole owner of the property.
The petitioners stated that they subsequently purchased the said property from Pramod Padate through a registered Sale Deed dated March 16, 2009, executed before the Sub-Registrar of Bardez. They further argued that the CEPI’s order of October 8, 2010, was passed in violation of the principles of natural justice, as they were neither notified nor given a chance to present their claim despite being lawful owners in possession of the property since 2009.
Accepting the petitioners’ contention, the High Court quashed and set aside the CEPI’s order and remanded the matter for fresh consideration.
The Court, however, granted liberty to the CEPI to arrive at a fresh decision after granting a proper opportunity of hearing to all concerned parties.
