Gujarat’s Disturbed Areas Act: Regulation of Property Transactions

PRELIMS BITS: 

Purpose and Overview

  • The Disturbed Areas Act regulates property transactions in areas marked by communal tensions in Gujarat.
  • It aims to maintain communal harmony and prevent demographic imbalances in sensitive regions.

What Is the Disturbed Areas Act?

  • Enacted to control property transactions in areas affected by communal strife.
  • The district Collector designates areas as “disturbed” based on a history of riots.
  • Any property sale in such areas requires permission from the Collector after a formal inquiry.

Requirements for Property Transfer

  • The seller must submit an application to the Collector, affirming the voluntary nature and fair market price of the sale.
  • The Collector assesses whether the transaction might escalate communal tensions.

Penalties for Violations

  • Violating the Act can lead to imprisonment from six months to five years, depending on the violation’s severity.
  • Strict penalties aim to deter illegal property sales that could heighten communal strife.

Recent Amendments

  • In 2020, the Gujarat government amended the Act, enhancing the Collector’s authority.
  • The amendments allow the Collector to investigate potential communal clustering resulting from property sales.
  • The state government can now review the Collector’s decisions without the need for an appeal, preventing destabilising demographic shifts.

Legal Challenges and Court Rulings

  • The Act has been challenged in the Gujarat High Court, particularly regarding property transfers in Vadodara.
  • Courts have sometimes ruled in favor of sales, emphasising private transaction rights.

Areas Covered by the Act

  • The Act applies to several districts, including Ahmedabad, Vadodara, Surat, and Anand, with ongoing extensions marking the government’s commitment to addressing communal issues.
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