The Bill was temporarily introduced in 1986 to check the distress sale of properties from riot-affected areas after communal riots in 1985-’86. (File)
The Gujarat Assembly, on Thursday, rejected by majority a Private Member’s Bill moved by Congress MLA Imran Khedawala. The Bill sought to repeal the controversial Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act — popularly known as the Disturbed Area Act — on multiple grounds, including that it causes hardships to the people of the areas notified as ‘disturbed’.
Moving the Bill, Khedawala had stated that it was ironic that when the Gujarat government was claiming peace in the state, it was also increasing the application of the Disturbed Area Act in the state. Khedawala said that originally, the Bill was temporarily introduced in 1986 to check the distress sale of properties from riot-affected areas after communal riots in 1985-’86.
He said that in 1991, the Gujarat government started implementing the Act without any time limit and that its application is on even after 39 years.
Khedawala said that the BJP government was applying the Act in the state for the appeasement of certain parochial people who think that if the Act is not in place, then the population of minorities will increase in certain areas of a city or town.
He also questioned, if anybody can buy a property in Jammu and Kashmir following the abrogation of Article 370, then why couldn’t people buy property anywhere in Gujarat. Khedawala, an MLA from Jamalpur constituency of Ahmedabad city, said that the state government keeps on increasing the number of areas under the Act in Ahmedabad city.
Under the provisions of the Act, a property deal cannot go through in a notified disturbed area without permission of the concerned Collector.
Khedawala said that people are facing hardships due to the Act and genuine transfers of property, too, are affected. It has also led to widespread corruption and malpractices and minority communities have been confined to a very limited area in Ahme-dabad city, unable to buy properties in other parts, he added.
The Bill was supported by Congress MLA Gyuasuddin Shaikh who said that the state should register an FIR if it finds that some property dealing is being done under duress.
Meanwhile, BJP MLAs Dushyant Patel and Purnesh Modi opposed the Bill and said that it was necessary to maintain peace and tranquillity in the state.
Revenue Minister Kaushik Patel said that he was clueless regarding why the Congress MLA had introduced the Bill, as it is for the maintenance of peace and harmony in the state. Patel added that it was Congress which had brought the Act and BJP has only been strictly implementing it.
He said that since 1991, the Gujarat government has cleared around 82,000 applications for the transfer of properties in disturbed areas, out of around 89,000 applications it received.
Patel asked Khedawala to withdraw the Bill and said that the maintenance of peace and harmony was the state government’s duty and the Disturbed Area Act only ensured the same. Khedawala did not withdraw the Bill, following which it was put on voice vote by Speaker Rajendra Trivedi. Eventually, the Bill was rejected by majority.