The Varsha Apartments in Gujarat build by Jankalyan Cooperative Housing Society Ltd in Paldi arose in controversy last year over selling of flats by Hindu residents to the Muslim occupants. The apartment was build around 1970 but few years ago, the contract of redeveloping the dilapidated buildings was given to two Muslim builders. While the initial occupants were all Hindus, today out of the 26 flats, as many as 24 are inhabited by Muslim families. As part of redevelopment plan, an additional 38 flats will also be built. The area falls under the Disturbed Areas Act, allege HJM leaders who claim that it has been illegally occupied by people from the minority community.
The Disturbed Areas Act, 1991, was first introduced in the mid-eighties as an ordinance by the Congress-led government after the communal riots of 1985. It was later amended in 2010 and came to be known as the Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, Gujarat. The Act prohibits a Muslim from selling, leasing or transferring his property to a Hindu, or a Hindu to a Muslim, in a disturbed area unless it gets a clearance from the district collector.
On 20 April, the Ahmedabad collector’s office issued an order that the minority community residents living in Varsha Apartments had violated Disturbed Areas Act norms and ordered the city corporation to cancel the building use permission granted to the builders for redevelopment. The Muslim builders approached the Gujarat high court on 24 April and the court ordered a stay on the collector’s order in the following month.
In its recent development in the matter the Gujarat HC on 10th May completed hearing arguments and reserved its order on the petition by the owners of Varsha flat seeking directions from authorities to grant them permissions to sell their properties in Paldi. The residents before the HC have contended that authority has to verify two aspects – One whether there is a free consent and the other being whether seller is getting the fair value and as both seller and buyer are ready for the deal then there is no point that state government should interfere in the issue as a third party. Meanwhile, a PIL has been filed in Gujarat HC in May this year by activist Danish Qureshi seeking abolishment of the Disturbed areas Act, on the grounds that it violates constitutional rights to property and freedom.
Courtesy/By: Jayant Upadhyay
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12 May 2019
