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.