Surat woman’s property sealed under Disturbed Areas Act: What is this Act and which areas fall under it?

Surat woman’s property sealed under Disturbed Areas Act

A property sale in Surat’s walled city area has led to controversy after local authorities sealed a woman’s property for allegedly violating the Disturbed Areas Act. The property owner had sold her house in Salabatpura to a Muslim woman. However, when residents of the housing society learned about the transaction, they objected and filed a complaint with the Surat district Collectorate.

The seller went ahead with the transaction despite the objections. She accepted the final payment and started the process of registering the sale. As Salabatpura falls under the Disturbed Areas Act, she applied for permission from authorities but her request was denied, the Indian Express reported.

Despite the rejection, she handed over possession of the property to the buyer. In response, society members approached the Surat city Prant office, arguing that this violated Sections 5(a) and 5(b) of the Act. Following their complaint, local authorities directed to seal the property, the report further stated.

Understanding the Disturbed Areas Act

The Disturbed Areas Act is a law enacted to regulate property transactions in areas prone to communal tensions. It requires property owners in notified areas to seek permission from the District Collector before selling or transferring immovable property.

The law aims to prevent forced or coerced sales in areas affected by communal violence, ensuring that property transactions are fair and voluntary.

The Act includes several key provisions aimed at regulating property transactions in notified disturbed areas. First, any sale or transfer of property in such areas requires explicit approval from the District Collector.

Additionally, the seller must submit an affidavit confirming that the transaction is voluntary and conducted at a fair market price.

Violating the Act can result in imprisonment and fines. The Gujarat government defends this law as a means to prevent communal polarisation and safeguard residents from forced displacement.

Amendments in 2020 strengthened the Act

In 2020, the Gujarat government strengthened the Act following reports that certain groups were allegedly pressuring residents to sell their properties in disturbed areas by offering high prices or using coercion.

The 2020 amendments to the Act introduced significant changes, expanding the powers of the District Collector. The Collector now has the authority to reject a property transaction if they believe it could lead to "polarisation" or disrupt the "demographic balance" of an area.

Moreover, the Collector has the discretion to assess the appropriateness of a sale based on social and communal factors. The amendments also increased state government oversight, allowing it to review and overturn a Collector’s decision even after approval.

Furthermore, the penalties for violations were made more severe, with the imprisonment term increasing from six months to a range of three to five years.

The Disturbed Areas Act is currently enforced in several districts across Gujarat, including Ahmedabad, Vadodara, Surat, Anand, Amreli, Bhavnagar and Panchmahals. The Gujarat government periodically extends the Act’s jurisdiction, adding new areas as needed. For instance, the government extended the Act in Anand district for another five years last month.