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Current Affairs

Gujarat’s Disturbed Areas Act

Date: 14 October 2020 Tags: Bills & Laws

Issue

On July 8, the Gujarat Assembly passed the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in Disturbed Areas (Amendment) Bill, 2019 by a majority vote.

 

Details

  • Under the Disturbed Areas Act, the concerned Collector notifies a particular area of a city or town as ‘disturbed area’. Following this notification, the sale of property in those areas requires express permission of the Collector after an application by the buyer and seller of an immovable property.

  • In the application, the seller has to attach an affidavit stating that he has sold the property of his/her free volition and that he/she has got the fair market price.

  • In violation of transfer of property sans the Collector’s permission, the accused persons are liable to six months’ imprisonment and Rs 1000 fine.

  • Currently, the Collector has to give the permission for the transfer of property following an affidavit by the seller that he/she is selling the property of his/her free volition and that he/she has got fair value of the same. 

  • Now, the Bill proposes to give the Collector more powers to ascertain if there is a likelihood of ‘polarization’ or ‘improper clustering’ of the persons belonging to a particular community causing disturbance in the demographical equilibrium of the persons belonging to different communities residing in the area.

  • To check registration of transfer of properties in disturbed areas without availing the Collector’s prior approval, the Bill proposes to enlarge the scope of term ‘transfer’ and include transfer of right, title or interest in or over such property in disturbed areas by way of sale, gift, exchange, and lease.

  • To achieve this goal, the Bill proposes to amend the Registration Act under which no property in disturbed areas can be registered without prior sanction of the Collector.

  • Under the Bill, redevelopment of property is allowed, if it is for the owner’s purpose only. But, if the owner is planning to bring new people on the redeveloped property, then he/she has to take permission of the Collector.

  • The Bill also proposes to give powers to the Gujarat government to constitute an Advisory Committee which will advise the government on various aspects of the Act that include adding new areas to the ‘disturbed areas’ list.

  • In addition to this, the state government has been given Supervisory Authority on the issue under which it can review any order of any Collector in the state related to the Act.

  • The DA Act is applicable in Ahmedabad, Vadodara, Surat, Himmatnagar, Godhra, Kapadvanj and Bharuch. The addition to the current disturbed areas was last done in Bharuch in November 2018.