Amended Disturbed Areas Act to affect many property deals

Surat: An amendment to the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act is set to affect a large number of property transactions in the city, with thousands of applications for approval that are pending likely to be affected. Currently, seven police station jurisdictions are covered in the Act. The Act's extended time limit was to expire this June, but it has been increased further. A key change in the amended law is that complaints from residents of an area will now be taken into consideration even when both the seller and buyer agree to a property deal. Earlier, such objections were not considered in many cases and approvals were granted if a property was being sold by a person of one religion to a buyer from another community. To prevent misuse of the provision, applicants will now be required to submit a notarized affidavit as part of the approval process. The amendment is expected to make scrutiny of transactions more stringent, especially in cases involving transfer of property rights between communities. "If the applicant withdraws an affidavit, he can be booked for false claims. This will discourage those who try to harass any of the parties and ensure that the purpose of the Act is fulfilled," said Ashit Gandhi, a member of Gorat Hanuman Kshetra Samvardhak Samiti. "This amendment will empower those who were not heard earlier. Even the higher courts rejected appeals from the applicants," added Gandhi. Those who are contesting the transfer of properties illegally under the Act say that now residents who do not wish to vacate property under pressure will get support. "Despite objections by residents and a final decision by the authorities, the property's possession was handed over in many cases. Due to this amendment, we now hope that the situation will improve," said Bhadrak Nagarsheth, a lawyer. The development has triggered concern among property owners and traders, particularly in commercial areas where the Act has already faced opposition over difficulties in resale of properties. In recent months, several members of the business fraternity in the city raised objections to the law, arguing that it has created hurdles in market transactions. With the latest amendment, stakeholders fear that the transfer of property from one community to another could become even more challenging. In areas like Textile Market on Ring Road, most property transactions are affected by the Act, and businessmen have raised concerns.
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