Is Gujarat Peaceful Or Disturbed ?

 BY R.K.MISRA

Contradictions confound .Is Gujarat peaceful or disturbed?

Peaceful says the  BJP  which swept Gujarat with its highest ever tally for a seventh term in the just concluded elections claiming that it had established permanent peace statewide in its quarter century old rule. The assertion came from the union home minister. Contradiction :  published studies establish that the area under the Disturbed Areas Act(DAA) grew by over 50 per cent in the six years from 2013 to 2019 in Ahmedabad alone. So is the state peaceful or is it disturbed? In the contradiction hangs a tale.

The Disturbed Areas Act was first enacted  a year after the 1985 communal riots in Ahmedabad after it was observed that people who were in numerical minority in a  particular area were being coerced to sell their properties at throwaway prices to move to areas which afforded the security of their own communities. The Act was meant to  prevent this segregation through distress sale.

First introduced through an Ordinance by the Congress-led government in 1986, it was converted into a law in 1991 by the then Chimanbhai Patel led government. This law was substantially amended by the BJP government in July 2019 and received Presidential assent in 2020. The Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants From Eviction from Premises in Disturbed Areas Act, is popularly known as the Disturbed Areas Act(DAA).

The  law amended by the BJP government enhances punishment for violation of this law . It prohibits sale and tenancy of immovable property to persons of another religion in the area notified as disturbed.  The amendment enhanced punishment from  earlier six months to three to five years or fine of Rs one lakh or ten per cent of the stamp duty in place of the earlier fine of Rs 10,000. More importantly, it made the district collector’s nod for any transaction in such areas mandatory and armed the government with powers to review  his decision. Earlier the buyer and sellers consent was enough. The Congress plea for abolishing the law since it would further deepen the communal divide and push them towards greater segregation was lost in the din.

The issue came to the fore afresh on January 6 when the Gujarat High Court issued notice to the state government over two petitions challenging the imposition of the DAA in new areas of Ahmedabad and Anand districts.

In October 2022 the state government had imposed restrictions on property transactions in  in Dhandhuka town of Ahmedabad district and  and Petlad and Borsad towns of Anand district.

The petitions filed by  Jamiat-ulema-e-hind, Gujarat takes exception to the state government’s decision to apply the DAA in the new areas. Last year ,it had sought similar intervention in Rajkot and the Surat Textile shop Broker’s association was also up in arms on imposition of such restrictions on properties in commercial areas of Surat.

The Jamiat contention was that the Act envisages two kinds of ‘clustering’. While the clustering of persons with one common identity was considered proper, other forms of communities are treated  as ’improper’. This would result in segregation on grounds of religion and race leading to ghettoization and the creation of enclaves. It was also pointed out that while the said Act was “apparently neutral”, in reality the muslim community would be at a disadvantage. Additionally it was also in violation of the constitutional principle that allows an Indian citizen to reside anywhere in the country and worked to the disadvantage of the muslim community besides giving the state unbridled discretion to declare a neighbourhood as disturbed area.

There are at least half a dozen cases pertaining to the Act up for judicial redressal. In August last year the DAA was challenged in the Gujarat High Court on the ground that the law does not leave scope for residents to register any objections against any area being demarcated as communally disturbed. The Act is also in violation of the principles of natural justice since provisions in this law provide that the authorities are not obliged to invite objections from the public before declaring it as such,petitioner Ali Hussain Vohra  of Vadodara has contended.

According to a 2019 published  report the Act is enforced across 770 locations spread over Ahmedabad, Vadodara, Surat ,Himmatnagar, Godhra, Kapadvanj, besides numerous other areas, most of them muslim  dominated. As a muslim leader pointed out, in Gujarat  a foreigner can come and buy properties in neighbourhoods where Muslims cannot.

A classic case is that of Varsha flats in Paldi area of Ahmedabad. Last week the Gujarat High Court issued notice to the state government after 13  persons who had brought properties at Varsha flats, filed petition against the decision of the authorities to refuse permission for sale/purchase of 10 flats under the Disturbed Areas Act(DAA).

The petitioners case is that dilapidated houses of the Jankalyan cooperative housing society Ltd went into re-development and made way for flats. Its hindu owners sold their flats to muslim persons. Since the area falls under the DAA many sellers/purchasers took the mandatory permission from the revenue authorities. However 10 flat owners who had not taken permission sought the same post-facto but were turned down. Their appeals right up to the Special secretary, Revenue met the same fate. Criminal cases were also filed  against them prompting them to approach the High Court which has granted them interim stay.

In fact the woes of the  Varsha flat owners began in 2018 when Hindu Jagran Manch, a  right wing organisation launched a protest against the sale and the  authorities which until then had no issues, soon did a somersault and the ordeal of the residents began  and continues till this day as the  matter awaits judicial redressal.

However in an important verdict related to the DAA in December 2022, the Gujarat High Court has ruled that the free consent of the seller and purchaser as well as ample market price given to the seller are the two important ingredients while deciding an application made to the authority concerned for permission to sell a property.

The Court was hearing an application filed by Surat residents objecting to the transfer of a 5000 sq.metres land plot in their area to a firm where majority stake was with members of the muslim community who have got permission through an application filed by a hindu partner having 10 per cent stake in the firm. The Surat Collector had revoked the permission after protests from  a hindu organization and local residents. The partner filed an appeal before the government authority which granted permission. The local residents then approached the High Court against it but their plea was dismissed. The plea was that granting permission through a partnership firm owned by a muslim family can cause ‘polarisation’ in the area where a majority of residents are from hindu and jain communities.  EOM

http://epaper.lokmat.com/lokmattimes/main-editions/Nagpur%20Main/2023-01-10/6

http://odishapostepaper.com/edition/4357/orissa-post/page/9

 

 

 

 

 

 

 

 

 

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