LI Network
Published on: October 27, 2023 at 16:40 IST
The Gujarat government has conveyed its intention to withdraw the amended provisions of the Disturbed Areas Act to the High Court, a move that would ease restrictions on property sale or transfer in areas designated under this act.
The 2019 amendments to the Act had introduced stringent regulations, including a ban on property sales by members of one religious community to those from another community without the district collector’s prior approval in “disturbed areas.”
In response to petitions challenging the amendments’ constitutionality, filed by Jamiat Ulama-e-Hind, the state revenue department submitted an affidavit to the Gujarat High Court. The affidavit stated that “the Respondent State is contemplating to come out with amendments to the impugned provisions that are subject matter of challenge in the petition.”
The government’s proposed amendments may address the concerns raised by the petitioners, making their grievances potentially irrelevant. The matter is scheduled for further hearing on December 5 before a division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee.
In 2019, the Gujarat government, under the state BJP, amended the Disturbed Areas Act, also known as the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act-1991. This act, which has been enforced in communally sensitive areas of Gujarat, including Ahmedabad and Vadodara, was significantly altered.
The amended Act empowers the collector to assess the “likelihood of polarization,” “disturbance in demographic equilibrium,” or any “likelihood of improper clustering of persons of a community” during property transfers. Based on this assessment, the collector can approve or reject the transfer. The Act allows for appeals to be filed against the collector’s decisions with the state government.
Additionally, the state government can establish a “monitoring and advisory committee” to oversee demographic changes in disturbed areas. To deter illegal property acquisitions in these regions, the Act introduced imprisonment ranging from three to five years and fines of Rs 1 lakh or 10 percent of the property’s value, whichever is higher.
Challenged in 2021 by Jamiat Ulama-e-Hind, these amendments were deemed to violate Articles 14, 19, and 21 of the Constitution. The High Court, upon accepting the plea, instructed the Gujarat government not to issue fresh notifications under the amended sections of the Disturbed Areas Act.
According to Jamiat Ulama-e-Hind, these amendments perpetuate the marginalization and segregation of Muslims and other minorities in Gujarat who are already living in segregated communities.
The petition argued that the amended Act seeks to categorize communities based on so-called “common traits,” introducing the concept of identifying proper clusters of individuals in a geographical area based on shared norms, religion, values, or identity.
The petition further contended that the criteria set by the government to designate an area as disturbed under the Act are vague, uncertain, and contrary to the constitutional principles of equality, liberty, and fraternity.
It also alleged that the Act hampers the overall development of marginalized communities, denying them equality of status and opportunity, forcing them to live in ghettos.