Property sealed in Surat city under Disturbed Areas Act: Explained

Buyers and sellers in 'disturbed areas' must obtain prior approval from the district collector before any property transfer

A property sale in Surat has sparked controversy after authorities in the Gujarat city sealed a woman's flat for allegedly violating the Disturbed Areas Act. Residents of a housing society objected to the transaction and filed a complaint with the Surat collectorate.

 

The case explained

 

A Hindu woman sold her flat in Surat’s Salabatpura to a Muslim woman, leading to allegations over demographic changes. A complaint was filed under the Disturbed Areas Act, but the seller proceeded with the sale. As Salabatpura is a ‘disturbed area’ in government records, the property sale was denied permission and authorities sealed the flat.

 

What is ‘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. The Gujarat government last month extended the application of the Act in existing areas of Anand district for another five years,” said Yatharth Rohila, advocate & partner, Aeddhaas Legal LLP, a legal firm.

 

Rishabh Gandhi, founder of the legal firm Rishabh Gandhi and Advocates, explained what the law is

 

The Disturbed Areas Act, 1991 was enacted to prevent distress sales, maintain communal harmony, and regulate property transactions in riot-affected areas. It ensures that individuals do not sell their immovable properties under duress and that demographic shifts do not escalate communal tensions. Under Section 3, the government can declare an area as disturbed if public order has been significantly disrupted due to riots or mob violence, and such areas are notified in the official Gazette. Section 5 mandates that any sale, gift, exchange, or lease of immovable property in a disturbed area requires prior approval from the Collector, failing which the transaction is null and void. If permission is denied, the decision can be appealed to the State Government under Section 6.

 

Alay Razvi, managing partner at Accord Juris, explained what property buyers and sellers should do:

 

Check if a property falls under ‘disturbed areas’.

 

This can be done by consulting the district collector’s office or checking official notifications.

 

Apply at the district collector’s office permission before finalising a property transaction.

 

If permission for a property transaction is rejected, the buyer can appeal before the Gujarat High Court or go for a review before a district collector. The buyer can ask for a refund if an advance was paid.