Surat property sealed over sale to Muslim woman: What is the Disturbed Areas Act in Gujarat

Under the Disturbed Areas Act, the district Collector notifies a particular area of a city or town as ‘disturbed’. After this, the transfer of immovable property in those areas requires express permission of the Collector. Here's why, and how this works

Written by: Parimal A Dabhi, Sohini Ghosh

4 min readAhmedabadFeb 9, 2025 07:10 PM IST

Parts of Surat fall under the Disturbed Areas Act. (Photo: Wikimedia Commons)

Recently, the Surat district collector sealed a property in the Salabatpura area of the old city, as its owner, a Hindu woman, had sold it to a Muslim woman in what the collector termed was a violation of the Disturbed Areas Act.

The sale, though incomplete, was seen as violating Section 5 of the Gujarat Prohibition of Transfer of Immovable Property and Provision of Tenants from Eviction from Premises in Disturbed Areas Act, popularly known as the Disturbed Areas Act.

Under the Act’s Section 5 (a) and (b), the person intending to sell the property has to apply to the Collector for sanction. The Collector holds a formal inquiry, hears various parties, and has the right to clear or reject the deal.

What is the Disturbed Areas Act?

Under the Disturbed Areas Act, the district Collector notifies a particular area of a city or town as ‘disturbed area’. This is generally on the basis of the history of communal riots in the area.

Following this notification, the transfer of immovable property in those areas requires express permission of the Collector. In the application, the seller has to attach an affidavit stating that he/she has sold the property of his/her free volition and that he/she has got a fair market price.Violation of the Act’s provisions invites imprisonment and fine.

According to the Gujarat government, the Act is aimed at checking communal polarisation in parts of the state.

Amendments in 2020 gave more power to Collector, government

In 2020, the Gujarat government amended certain sections of the Act, giving the Collector more powers.

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This was following reports of anti-social elements allegedly bypassing the Collector and selling and buying properties in the “disturbed areas” by threatening people or luring them with high prices.

Before the amendments, the Collector would give permission for the transfer of property following an affidavit by the seller that he/she was selling the property voluntarily and at a fair value.

The amended Act gave the Collector more powers to ascertain if there was a likelihood of ‘polarisation’ or ‘improper clustering’ of people belonging to a particular community through the sale, disturbing the ‘demographic equilibrium’ of an area. It also gave the state government authority to review and probe a collector’s decision even if there was no appeal filed against it.

The amendments raised the imprisonment for violation from six months to between three and five years.

Challenges in the High Court

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Several cases of property transfers in “disturbed areas” were challenged in the Gujarat High Court.

In Vadodara alone, five cases of property sale between communities since 2016 were challenged after neighbours filed petitions objecting to the sale. In at least three of these cases, the court drew a line on third-party interference and gave orders favouring the deal.

In October 2023, the Gujarat government told the HC it was reconsidering the amendments and would come out with fresh amendments. This was in response to a petition challenging the constitutionality of the amendments.

Among the petitions was one moved by Jamiat Ulama Welfare Trust and Nisar Ahmed Mohammad Yusuf Ansari, who is the general secretary of JU-e-H Gujarat, in 2020. This primarily challenged the concept of “improper clustering of persons” as has been defined under the newly introduced Section 2(d) of the Disturbed Areas (Amendment) Act, 2020.

Which areas are covered under the Act?

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Several areas in the districts of Ahmedabad, Vadodara, Surat, Anand, Amreli, Bhavnagar, Panchmahals and others remain under the purview of the Act, with newer areas being added. The Gujarat government last month extended the application of the Act in existing areas of Anand district for another five years.

Parimal A Dabhi

Parimal A Dabhi works with The Indian Express as Chief of Bureau, focusing on the state of Gujarat. Leveraging his seniority and access, Dabhi is recognized for his reporting on the complex interplay of law, politics, social justice, and governance within the region. Expertise & Authority Core Authority (Social Justice and Law): Dabhi is a key source for in-depth coverage of caste-based violence, discrimination, and the state's response to social movements, particularly those involving Patidar, Dalit and OBC communities. His reporting focuses on the societal and legal fallout of these issues: Caste and Discrimination: He has reported extensively on social boycotts and instances of violence against Dalits (such as the attack on a Dalit wedding party in Patan), the community's demands (like refusing to pick carcasses), and the political responses from leaders like Jignesh Mevani. Judicial and Legal Affairs: He tracks significant, high-stakes legal cases and judgments that set precedents in Gujarat, including the convictions under the stringent Gujarat Animal Preservation Act (cow slaughter), 2002 Gujarat riots and developments in cases involving former police officers facing charges of wrongful confinement and fake encounters. Political and Administrative Oversight: Dabhi provides essential coverage of the inner workings of the state government and the opposition, ensuring a high degree of Trustworthiness in political analysis: State Assembly Proceedings: He frequently reports directly from the Gujarat Assembly, covering Question Hour, discussion on various Bills, debates on budgetary demands for departments like Social Justice, and ministerial statements on issues like illegal mining, job quotas for locals, and satellite-based farm loss surveys. Electoral Politics: His work details key political developments, including election analysis (voter turnout records), party organizational changes (like the end of C R Patil’s tenure as BJP chief), and campaign dynamics. ... Read More

Sohini Ghosh

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

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