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This is an archive article published on November 9, 2022

No major clashes but Disturbed Areas Act for Morbi, Congress asks why

Opposition party alleges some BJP leaders looking to financially benefit from imposition of law in certain parts of town; ruling party says decision based on demand from people.

The government imposed the Disturbed Areas Act in parts of Morbi on October 29, just a day before the collapse of a bridge over the Machchhu river that killed 135 people and left 17 people injured. (Express file photo by Nirmal Harindran)The government imposed the Disturbed Areas Act in parts of Morbi on October 29, just a day before the collapse of a bridge over the Machchhu river that killed 135 people and left 17 people injured. (Express file photo by Nirmal Harindran)

The Gujarat government’s decision to extend the Disturbed Areas Act to certain parts of Morbi despite the town not having witnessed any major communal violence has sparked a war of words between the BJP and the Congress, with the ruling party claiming that it won’t negatively affect the image of the town that is known for its ceramics industry. The Congress has alleged that the move is aimed at helping the real-estate businesses of BJP functionaries.

The government imposed the Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, popularly known as the Disturbed Areas Act, in parts of Morbi through a notification on October 29, just a day before the collapse of a bridge over the Machchhu river killed 135 people and left 17 people injured. The law prohibits the transfer of immovable property in a notified area without the prior permission of the district collector. The Act is generally imposed in localities that witness the exodus of a community and the distressed sale of properties because of another community gradually establishing dominance.

The revenue department’s notification extended the Act to 11 localities in the new areas as well as old parts of Morbi town coming under the jurisdiction of the Morbi “A” Division police station. Among the areas included in the notification are Janaknagar Society, Ravi Park Society, Nandanvan Society, Kubernagar Society, Gayatrinagar Society, Mira Park Society, Lakhdhirvas, Bakshi Sheri, Jodiya Hanumanji Temple street, Buddha Bava Street, Vishvakarma Temple area, Ramnath Temple area, Bhavani Chowk street, Navdugra Chowk, Moti Madhani street, Khatrivad, and Swaminarayan Temple street.

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“Government of Gujarat having regard to the intensity and duration of riots and violence of mob in respect of the areas of the Morbi town as specified in the Schedule annexed hereto, is of the opinion that public order in the said areas was disturbed for a substantial period by reason of riots or violence of mob,” read the notification, adding the Act would remain in force till October 28, 2027.

Morbi is known all over the world for its ceramic tiles and sanitaryware manufacturing industry. The town has a population of 1.94 lakh people as per the 2011 Census. It has had a sizable minority population since the pre-Independence days and has not witnessed any major communal violence.

Two gangs — one led by Hitendra Zala alias Hitubha and the other by Mustak Mir — clashed in the town’s Kalika Plot area in 2018, A boy was killed in the crossfire and a minor girl was injured. Then, in December 2020, groups allegedly led by Mohammed Hanif Kasmani alias Mammu Dadhi and Rafiq Mandaviya alias Rafiq Mandaliya clashed in the Khatkivas area, killing two. In retaliation, Dadhi was shot dead allegedly by the rival group near Bhaktinagar Circle in Morbi in September 2021. None of these areas were included in the latest government notification.

Congress leader Mahesh Rajyaguru, a former councillor and current general secretary of the party’s district unit, said, “Peace continued to prevail in Morbi even during the post-Godhra riots. You must have seen that people from the minority community who were living near the bridge were among the first to respond and saved the lives of dozens of people after the Jhulto Pul collapsed. The imposition of the Disturbed Areas Act will force people with small houses in these areas to sell their houses to builders associated with the BJP, who in turn will build new homes in their place and sell at a premium to make money.”

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But the BJP’s Rajkot MP Mohan Kundariya, who lives in Morbi, dismissed the Congress’s allegations and said the town’s image would not be affected. “The government must have taken the decision based on demand from the people of Morbi,” he said. “There must have been demand from the town else how would the government know about the need for such a step? The town’s image will not be affected negatively as this Act is already in force in cities such as Rajkot, Ahmedabad, and Surat. So, it’s nothing new.”

BJP’s district president Durlabhji Dethariya said the government action was aimed at maintaining peace in the town. “There was demand from residents of these areas that this Act be extended to those areas also. It had to do with community considerations. While it is true that the town has not witnessed any communal riots, disputes between individuals were taking place. After all, properties in these areas are costly and the government must not have acted without receiving a demand to that effect from some corners. The government must have taken the decision for ensuring peace for all. In Morbi, some residential societies are developed for particular communities only and that too has to be viewed as an attempt to maintain peace.”

District Collector GT Pandya could not be contacted for a comment. The Vishwa Hindu Parishad’s district secretary Kamal Dave claimed he was the first to seek the imposition of the Disturbed Areas Act in Morbi. “It is true that Morbi has not witnessed any sizable communal riots. But the minority community has been trying to gain a toehold in the areas located right in the heart of the town. They are encroaching on properties and some Hindus, who are like king Jaichand, are selling their property to the minority community without giving any consideration to its implications. Therefore, I wrote to MP Mohan Kundariya and Morbi Collector way back in June-July 2020 demanding the imposition of the Disturbed Areas Act in Morbi and I was following it up till recently.”

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