‘Disturbed Areas’ claim on shaky ground in Gujarat

The roots of the Act lie in the constant communal tension prevailing mainly in the walled city areas of the city between 1981 and 1991. People would leave their places in these areas on a temporary basis,to come back once peace returned. However,the intermittent communal clashes also saw people indulging in distress sale of their properties. It was to stop such distress sale that the then state government led by Chimanbhai Patel brought in the Act in 1991.

The noble intention was ensuring that Hindus and Muslims continued to live together,thus checking polarisation. As per rules under the Act,any owner in these areas had to take sanction from the district collector to sell a property. Interestingly,the Act was meant for a temporary period,but successive state governments have kept extending it even while adding more areas under it. Not surprisingly,over the years,people who want to have found ways to circumvent the legal provision. The most common of this is to give the power of attorney to a buyer. So,the owner remains the same on paper,but the possession is essentially transferred.

Those in the know point out that the ones to gain most from the exercise have been the builder lobby and the land-sharks in these areas. As Ahmedabad remains hostage to communal tension,they have been targeting and picking up property from owners eager to move out.

Consequently,most walled-city areas are now segregated,and polarised – defeating the very purpose of the Act.

According to a veteran lawyer,“The damage that this Act intended to control has already been done. Now it is no use except as a tool for corruption and for misuse of political influence.”

Parimal is an assistant editor based in Ahmedabad parimal.dhabi@expressindia.com