Jayanta Kumar Biswas, J. - (1.)The Court :
(2.)THE petitioner in this WP under art. 226 dated December 21, 2011 is questioning a decision of the office of the Custodian of Enemy Property for India, Ministry of Home Affairs, Government of India dated September 20, 2011 (at p.47) that he is not entitled to any benefit under the resolution of the Ministry of Foreign Trade of the Government of India dated March 15, 1971 (at p.49).
The resolution dated March 15, 1971 was taken by the Ministry of Foreign Trade of the Government of India for giving some relief to the Indian nationals, companies, etc. whose assets in Pakistan were seized by the Government of Pakistan during and after the Indo -Pakistan Conflict of September 1965 and who notified their losses to and filed claims with the Custodian of Enemy Property for India. The Custodian of Enemy Property for India was to function ordinarily under the Enemy Property Act, 1968.

(3.)THE resolution of the Government was that an interim relief in the form of ex -gratia grants from the Consolidated Fund of India at the rate of 25% of the value of the verified claims, restricted to a maximum of Rs.25 lakh in each case, would be made to all Indian nationals and Indian companies against a bond to be executed by the recipients; and that if, in any case, the limit exceeded, it would be decided on merit; and further that the payment would be taken into account and adjusted when the properties concerned would be restored to the Indian nationals, companies, etc. concerned by the Government of Pakistan in terms of the Tashkent Agreement or when any amount would become payable to them on that accounts.