Surat District Collector Seals Property Under Disturbed Areas Act

In a recent development in Surat, the district collector sealed a property in the Salabatpura area of the old city, alleging that the property’s sale between a Hindu woman and a Muslim woman violated the Gujarat Prohibition of Transfer of Immovable Property and Provision of Tenants from Eviction from Premises in Disturbed Areas Act, commonly known as the Disturbed Areas Act.

Violation of the Disturbed Areas Act

The property sale, although incomplete, was flagged for breaching Section 5 of the Disturbed Areas Act. Under this section, the seller must obtain the Collector’s permission before transferring property in a "disturbed area." The Collector is responsible for conducting an inquiry, hearing parties involved, and determining whether the deal can proceed. Failure to comply with the Act's provisions can lead to imprisonment and fines.

What is the Disturbed Areas Act?

The Disturbed Areas Act applies to areas that have a history of communal riots, as designated by the district Collector. Once an area is declared "disturbed," the transfer of immovable property within it requires the explicit sanction of the Collector. Sellers must submit an affidavit stating that the property is sold voluntarily and at a fair market price. The Gujarat government claims that the Act aims to prevent communal polarisation and to safeguard the demographic equilibrium in sensitive areas.

Amendments to the Act in 2020

In 2020, the Gujarat government made amendments to the Disturbed Areas Act that granted the Collector more powers. The amendments were introduced following reports of anti-social elements bypassing the system, using threats or offering high prices to secure property deals in disturbed areas.

Key changes include:

• The Collector now has greater authority to assess the likelihood of polarisation or the “improper clustering” of a particular community.
• The state government can review the Collector’s decisions, even in the absence of an appeal.
• Violation of the Act now carries imprisonment ranging from three to five years, up from six months.

Legal Challenges and High Court Rulings

Several property transfers under the Disturbed Areas Act have been contested in the Gujarat High Court. In Vadodara, for instance, five property sales between different communities were challenged by neighbors, with the court ruling in favor of the deals in some cases.

In October 2023, the Gujarat government informed the High Court that it was reconsidering the 2020 amendments and would introduce new changes in response to challenges to the constitutionality of the amendments. A prominent petition, filed by the Jamiat Ulama Welfare Trust and others, contests the definition of "improper clustering of persons" as introduced in the Disturbed Areas (Amendment) Act.

Which Areas are Affected?

The Disturbed Areas Act applies to several districts, including Ahmedabad, Vadodara, Surat, Anand, Amreli, Bhavnagar, and Panchmahals, with some areas being extended under the Act’s jurisdiction. Recently, the Gujarat government extended the application of the Act in Anand district for another five years.

Conclusion

The sealing of the property in Surat highlights the ongoing tension around the Disturbed Areas Act, with concerns about communal division and polarisation taking center stage. As the state continues to amend the law and courts review its constitutionality, the future of property transactions in these sensitive areas remains uncertain.