Surat Collector seals property over Hindu woman’s sale to Muslim woman

Surat district authorities sealed a property in the Salabatpura area of the old city after determining that its sale violated the Disturbed Areas Act, as the Hindu owner had attempted to transfer it to a Muslim buyer without securing the necessary approval from the district administration The Indian Express reported.

The action was based on Section 5 of the Gujarat Prohibition of Transfer of Immovable Property and Provision of Tenants from Eviction from Premises in Disturbed Areas Act, commonly referred to as the Disturbed Areas Act, which mandates that property sales in designated areas require prior sanction from the Collector.

The Act empowers the district administration to notify certain areas as ‘disturbed’ based on their history of communal tensions, restricting property transfers in such localities to prevent demographic shifts that could lead to further social discord. The seller is required to apply for permission, submitting an affidavit affirming that the transaction is voluntary and reflects fair market value, with violations carrying both imprisonment and financial penalties.

The Gujarat government asserts that the law is intended to curb communal polarisation, yet its enforcement has led to legal challenges over property transfers between communities.

In 2020, the state government amended the Act, granting the Collector greater authority to assess whether a sale could result in the clustering of a particular community, thereby disturbing the demographic balance of an area.

The amendments also introduced a provision allowing the state government to intervene in a Collector’s decision even in the absence of an appeal, while the penalties for violations were increased to imprisonment ranging from three to five years.

These changes followed reports of coercion and monetary inducements being used to bypass legal restrictions, leading to concerns that unauthorised sales were altering the demographic composition of certain neighbourhoods.

Several property sales in Vadodara and other parts of Gujarat have faced legal scrutiny, with neighbours in some cases objecting to inter-community transactions, prompting High Court petitions. While the court has ruled in favour of some deals, it has also addressed concerns about third-party interference, with ongoing debates over the Act’s implications for property rights and communal harmony.

The Gujarat government recently informed the High Court that it is reconsidering the 2020 amendments and is expected to introduce fresh modifications. In the meantime, the Act continues to be enforced across various districts, with its application in Anand district recently extended for another five years, highlighting its continued role in property regulation in sensitive areas.