Gujarat High Court in a recent order directed the sales and purchases of 11 properties of Varsha flats in Paladi to approach the special secretary revenue department (appeal and revision) against order of District Collector which refuse to sanction sale as the society falls under a Distributed Areas Act. The above stated act that prohibits Muslims purchasing properties from Hindus and vice versa in a specific area in Gujarat.
The owners of Varsha flats in in Janakalyan Co-Operative Housing Society Limited has filed petition in High Court regarding the controversy has authority opted owner’s permission for sale of property of Hindu to Muslim and the petition was disposed of by the court. Later due to complaints the decision was withdrawn.
As soon as the decision was withdrawn the agreed buyers and sellers filed an appeal before the secretary. The sellers and purchases that were not granted pre-sale approval approach the Collector and requested him to consider the back dated sale transaction which was valid as per the provision in the Act.
The request of the buyers and sellers was also rejected by the Collector and the state government objected the petition filed in the High Court. The petitioner raise the contention that the authority need to verify two aspects first whether there is a free concert for transaction and second whether the seller is getting fair value in the transaction.
The petition it was stated that as the sellers and the buyers are opting permission from authority for the agreement for transaction hence the state government should not intervene between them. Justice A Y Kogje disposed the petition and directed the petitioner to file an appeal before the revenue secretary.
Courtesy/By: Renu Kathale
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20 Jun 2019
