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‘Disturbed areas’: No action to be taken against housing society asked to vacate, says Ahmedabad HC

The deputy collector had sent them a notice on August 26 to vacate the premises, citing provisions of the Disturbed Areas Act.

By: Express News Service | Ahmedabad |
Updated: September 4, 2019 4:44:22 pm
disturbed areas act, ahmedabad housing society, Varsha flats, Jankalyan Cooperative Housing Society, Gujarat high court, Ahmedabad news The court said as the petitioner’s appeals under section 6 of the Disturbed Areas Act before the Special Secretary Revenue Department were pending, “it would be appropriate to direct the authority not to take any coercive action.”

In a relief for several buyers and sellers of flats at Jankalyan Cooperative Housing Society, popularly known as Varsha flats, the Gujarat High Court on Tuesday directed the Ahmedabad city deputy collector not to take any coercive action against the petitioners. The deputy collector had sent them a notice on August 26 to vacate the premises, citing provisions of the Disturbed Areas Act.

The court said that as the petitioner’s appeals under section 6 of the Disturbed Areas Act before the Special Secretary Revenue Department were pending, “it would be appropriate to direct the authority not to take any coercive action.”

The deputy collector Ahmedabad (West) on December 27,2018, had cancelled 13 registered sale deeds of property owners of Varsha flats, without issuing notice to either the tranferers or the transferees, purportedly under the provisions of the Disturbed Areas Act. Earlier this year, the Special Secretary Revenue Department on February 6 directed that the deputy collector’s orders declaring the 13 sale deeds as null and void be stayed.

The notice on August 26 issued by Ahmedabad deputy collector (west) JB Desai cited provisions under section 5 of the Act that prohibits transfer of immovable properties in areas declared to be ‘disturbed areas’, unless previous sanction by the Collector is granted.

The court of Justice AY Kogje also issued notice to the respondents – the state government through its secretary, district magistrate and collector, deputy collector (west) and the police inspector — returnable on September 17.
Notably, an FIR was lodged at Paldi police station under section 9 and section 5 of the Act, against the proprietors of Varsha flats in July.

The FIR was challenged in the High Court with the petitioners seeking it be quashed and set aside. While final disposal and order remains, the Gujarat High Court had ordered the police in July against taking any coercive action against the property owners or sellers.

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