Gujarat: Disturbed Areas amendment passed

Gandhinagar: The assembly on Wednesday passed the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in the Disturbed Areas (Amendment) Bill, 2026, replacing the term "Disturbed Areas" with "Specified Areas". The bill also widens the scope for objections to property sales in areas covered under the law.The bill was passed by a majority vote on the last day of the budget session amid opposition from Congress. A key amendment expands the definition of "person aggrieved" to include a third party residing in a specified area, allowing someone not directly a party to a property transaction to object to a sale in areas where the act is in force. The amendment also empowers the collector to take temporary possession of a property in cases of violation of the mandatory prior-sale permission provision. The collector may act suo motu or on a complaint lodged by a person aggrieved. The bill introduces an additional layer of scrutiny over property transactions through monitoring and advisory committees and special investigation teams. Under the amendment, the committees can be set up to work with district collectors to prevent the forced sale of properties in communally disturbed or tense areas. "The monitoring and advisory committees can conduct studies in any area to ascertain and advise the govt on whether the area was disturbed for a substantial period, and if it has become or is likely to become prone to communal disturbance which may result in involuntary displacement of people," the bill said. It added that a special investigation team can assist the monitoring and advisory committees and the collector in examining cases for the grant of sale permissions. Tabling the bill, minister of state for revenue Sanjaysinh Mahida said in the statement of objectives, "…it is experienced that in many cases properties are transferred in contravention of the provisions of the act and unscrupulous persons come into illegal possession thereby." He added, "To curb such illegal transfers of immovable property, and to protect the interests of the lawful owners, it is considered necessary to amend the aforesaid act." During the discussion, Congress MLA Imran Khedawala opposed the bill. "The state govt has introduced the bill merely for political gains by dividing votes based on communities," he said. "On the one hand, BJP abrogated Article 370 in Kashmir and encourages all to buy properties in Kashmir. But in Gujarat, it is putting restrictions on the sale of properties." Khedawala further said the ruling party alleges that members of the minority community forcefully buy properties from members of the majority community without providing details. "I ask the govt to provide details of any such forceful sale of properties and the number of FIRs filed or court cases filed," he said. "Such bills should not be allowed as they create rifts between communities. People of all communities have been living peacefully alongside each other and if BJP claims that law and order in the state is good, then why is it restricting people's rights?"