A property dispute in Muzaffarnagar, western Uttar Pradesh, has made headlines as a mosque and four shops near Muzaffarnagar Railway Station have been declared “enemy property” following a recent investigation by the authorities. The disputed property is linked to the first Prime Minister of Pakistan, Liaquat Ali Khan.
Historical significance of the property
The dispute over the land in question dates back to 1918 when Rustam Ali Khan, father of Liaquat Ali Khan, first occupied the land. The land was later transferred to Liaquat’s brother, Sajjad Ali Khan. Liaquat was born in Karnal, Haryana, and later migrated to Pakistan after Partition in 1947. After he moved to Pakistan, his properties in India were designated as enemy property as per the law. This classification applies to properties belonging to individuals who moved to Pakistan or China during wartime.
Claims of illegal construction and investigation
The fresh controversy about the land surfaced when the convener of the Rashtriya Hindu Shakti Sangathan, Sanjay Arora, filed a complaint in 2023 stating that the mosque and shops on the disputed land were constructed without legal approval. He said, “There are no documents for this property with the Waqf Board. When an individual moves to Pakistan, their land is either illegal or enemy property.”
His complaint prompted the authorities to initiate an investigation. The case was later referred to the Enemy Property Office in Delhi. Following a thorough investigation into the matter, the officials confirmed the property’s status as enemy property, attributing its ownership to Rustam Ali Khan, who migrated to Pakistan during Partition. In the report to the Ministry of Home Affairs, the officials mentioned that the land was in the name of Sajjad Ali Khan.
Counterclaims by local businessmen
However, a local businessman, Mohammad Athar, has disputed the designation of the land as enemy property. He has insisted that the land was endowed to the Waqf Board by Rustam Ali Khan. He said, “The mosque at this property existed before Partition. We have presented all the evidence to prove this, and we hope the government reconsiders its decision.”
Legal complexities of enemy property
The designation of enemy property has been a contentious issue in India, with numerous disputes arising since the Partition. In 2005, the Supreme Court ruled that properties belonging to those who migrated to Pakistan were also classified as enemy property. The ruling further added layers of scrutiny to properties in India linked to Pakistani nationals.
