Surat Property Sealed Under Disturbed Areas Act: What You Need to Know
A recent property sale in Surat has sparked controversy as the flat was sealed by authorities for allegedly violating the Disturbed Areas Act. This article delves into the details of the case and explains the implications of the Act for property buyers an
Disturbed Areas ActProperty SealingSuratReal EstateCommunal HarmonyReal Estate PuneFeb 11, 2025
Residents of a housing society objected to the transaction and filed a complaint with the Surat collectorate, leading to the sealing of the flat.
The Case Explained
A Hindu woman sold her flat in Surat’s Salabatpura to a Muslim woman, which led to allegations of demographic changes.
Despite the complaint filed under the Disturbed Areas Act, the seller proceeded with the sale.
Since Salabatpura is designated as a ‘disturbed area’ in government records, the property sale was denied permission, and the authorities sealed the flat.
What are ‘Disturbed Areas’?
Several areas in the districts of Ahmedabad, Vadodara, Surat, Anand, Amreli, Bhavnagar, Panchmahals, and others remain under the purview of the Act, with newer areas being added regularly.
The Gujarat government recently extended the application of the Act in existing areas of Anand district for another five years, highlighting the ongoing need for such measures.
Understanding the Disturbed Areas Act
The Disturbed Areas Act, 1991, was enacted to prevent distress sales, maintain communal harmony, and regulate property transactions in areas affected by riots.
Its key points include
- Section 3 The government can declare an area as disturbed if public order has been significantly disrupted due to riots or mob violence.
Such areas are notified in the official Gazette.
- Section 5 Any sale, gift, exchange, or lease of immovable property in a disturbed area requires prior approval from the Collector.
Without this approval, the transaction is null and void.
- Section 6 If permission is denied, the decision can be appealed to the State Government.
What Property Buyers and Sellers Should Do
To ensure compliance and avoid legal issues, property buyers and sellers should take the following steps
- Check if a Property Falls Under ‘Disturbed Areas’
- Consult the district collector’s office or check official notifications.
- Apply for Permission at the District Collector’s Office
- Submit the necessary documentation and application before finalizing the property transaction.
- Appeal Denied Permissions
- If permission is rejected, the buyer can appeal to the Gujarat High Court or request a review from the district collector.
- If an advance was paid, the buyer can ask for a refund.
Conclusion
The sealing of a flat in Surat under the Disturbed Areas Act highlights the importance of understanding and adhering to the regulations in disturbed areas.
Property buyers and sellers must take the necessary steps to ensure their transactions are legal and compliant with the Act to avoid legal complications and financial losses.
Frequently Asked Questions
What is the Disturbed Areas Act?
The Disturbed Areas Act, 1991, is a law in Gujarat that aims to prevent distress sales, maintain communal harmony, and regulate property transactions in areas affected by riots. It requires prior approval from the Collector for any property transactions in designated disturbed areas.
Why was the flat sealed in Surat?
The flat was sealed because the property sale was carried out without the required permission from the Collector, as the area is designated as a disturbed area under the Disturbed Areas Act. The sale was deemed null and void, and the authorities took action to seal the property.
How can I check if a property falls under a disturbed area?
You can check if a property falls under a disturbed area by consulting the district collector’s office or checking official notifications. This information is crucial before proceeding with any property transaction to avoid legal issues.
What happens if permission for a property transaction is denied?
If permission for a property transaction is denied, the decision can be appealed to the State Government. The buyer can also request a refund of any advance payment made during the transaction process.
Why is the Disturbed Areas Act important?
The Disturbed Areas Act is important because it helps prevent distress sales, maintains communal harmony, and regulates property transactions in riot-affected areas. It ensures that demographic shifts do not escalate communal tensions and that property transactions are conducted fairly and legally.
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