The land dispute dates back to 1918 when Rustam Ali Khan the father of Liaquat Ali Khan first occupied the property.
Muzaffarnagar Property Dispute: A Partition-Era Legacy
In western Uttar Pradesh Muzaffarnagar has become the focal point of a longstanding property dispute tied to the Partition. At the heart of this conflict lies a mosque and four shops located near the Muzaffarnagar railway station. Recently classified as enemy property after an investigation the ownership controversy traces back to the family of Pakistan first Prime Minister Liaquat Ali Khan with allegations of illegal occupation post partition in 1947.
The dispute has sparked debates with one group asserting that the land is under the jurisdiction of the Waqf Board while others argue it was unlawfully encroached upon casting doubt on its legitimacy.
Historical Context
The roots of the dispute date back to 1918 when Rustam Ali Khan Liaquat Ali Khan father first took possession of the land. Liaquat Ali Khan born in Karnal Haryana was the second son of Rustam Ali Khan and Mahmoodah Begum whose lineage connected her to Nawab Quaher Ali Khan of Saharanpur Uttar Pradesh.
Liaquat Ali Khan connection to Muzaffarnagar extended beyond family ties it became a key base in his political journey. In 1926 he successfully campaigned for the United Provinces Legislative Council from the region. His political career flourished further when he was elected Deputy President of the United Provinces Legislative Council in 1932 and eventually moved to the Central Legislative Assembly in 1940.
The Khan family influence in Muzaffarnagar was significant with multiple properties under their name including the one currently in dispute. However the Partition in 1947 dramatically altered the trajectory of these properties leaving a contested legacy that persists to this day.
This ongoing dispute over ownership highlights the complexities of historical land claims entwined with the socio political shifts of Partition era India.
Liaquat Ali Khan migration to Pakistan after Partition led to the classification of his Indian properties as enemy properties. This designation applied to individuals who moved to Pakistan and over the years disputes arose over these properties.
Khan assassination in 1951 while addressing a rally in Rawalpindi was a significant event. His assassin Said Akbar Khan was shot by Pakistani security forces shortly afterward.
The controversy over the land intensified when a mosque and shops were constructed on a property located near the Muzaffarnagar railway station. In 2023 Sanjay Arora from the Rashtriya Hindu Shakti Sangathan raised concerns that the construction had been done illegally on enemy property. He claimed the mosque which he described as constructed like a hotel did not comply with local regulations as it lacked approval from the Muzaffarnagar Development Authority (MDA). Arora also pointed out the absence of any documents for the property with the Waqf Board claiming that the land in question was illegal or classified as enemy property.
Mr. Arora without providing evidence to support his claim further alleged that the property and the mosque built on it posed a threat to national security.
His complaint to the district administration prompted a multi tiered investigation by local authorities including representatives from the Muzaffarnagar District Magistrate Office, the Revenue Department and the Municipal Corporation. The investigation was further escalated when it was referred to the Enemy Property Office in Delhi which sent a team to survey the land.
The exact worth of the property has not yet been calculated.
The Enemy Property Act
The Enemy Property Act of 1968 governs the appropriation of properties in India belonging to Pakistani nationals. Introduced after the India Pakistan War of 1965 the Act transfers ownership of such properties to the Custodian of Enemy Property for India a designated government authority.
According to the Enemy Property Agency the land in question had been declared enemy property. It was found to be under the ownership of Rustam Ali Khan Liaquat Ali Khan father who had left India for Pakistan after the Partition.
In response to these findings the government moved to issue a legal notice to the occupants of the land directing them to vacate the premises.
The Counter-Claim
Despite the declaration of the land as enemy property counter narrative persists. The individuals occupying the mosque and shops argue that the land was legally waqf (a form of Islamic endowment) meaning it had been donated for religious purposes. According to the Muslim side of the dispute, the property had been registered with the Waqf Board and they have submitted documentation to support their claims including a letter from 1937.
One of the key figures defending the property status as waqf is Mohammad Athar local businessman who operates a shop on the land. He insists that the property belonged to Rustam Ali Khan who had endowed it to the Waqf. Mr. Athar dismissed the claim that the land belonged to Liaquat Ali Khan arguing that political motivations and misinformation were behind the entire dispute.
The land did not belong to Liaquat Ali Khan but his father Rustam Ali Khan who donated the land to waqf Mr. Athar claimed. The mosque at this property has existed before the Partition of the country. We have presented all the evidence to prove this and we hope the government rethinks its decision and deliberates on the matter once again as the livelihoods of several families depend on it.
The claimants argue that the mosque which has been in existence for decades was not built in violation of any law and that the rent collected from the shops is legitimate. They maintain that the designation of the land as enemy property is an incorrect claim stemming from a misinterpretation of historical records.
Legal Ramifications
The legal complexities surrounding the ownership of enemy property are not unique to Muzaffarnagar. Across India several properties formerly owned by individuals who migrated to Pakistan after the Partition have been involved in similar disputes.
In a landmark case the Indian Supreme Court ruled in 2005 that the property of Mohammed Amir Mohammed Khan the erstwhile Raja of UP Mehmoodabad was classified as enemy property. The Supreme Court ruled on the ownership of valuable properties in Sitapur and Lucknow which were controlled by the state government. These properties were valued at no less than ₹3,000 crore.
