House sold sans nod in Disturbed Areas Act; Gujarat HC stays eviction of family

Surat: The Gujarat High Court has issued an interim stay against the eviction of a family from a house that was sold without the necessary permission for property transfer under the Disturbed Areas Act. Justice V D Nanavati suspended the eviction order issued by the Surat deputy collector on November 7, 2023, temporarily protecting the family and highlighting that the authority cannot assume the role of a civil court.

The case revolves around the Limabayat area in Surat, designated as a ‘communally disturbed area’ under the Disturbed Areas Act, 1991. Consequently, property sales in this area require authorization from the District Collector.

In this instance, Purshottam Umredkar intended to sell his residence in Rustam Group Coop Housing Society to Rajiya Khatik. Despite applying for sale permission in August 2022, they received no response from the deputy collector. Subsequently, Umredkar approached the High Court in August 2023, leading to the court directing the authority to decide on the matter within eight weeks. However, the deputy collector rejected the application on November 3, citing objections from neighbors as the reason.

The deputy collector also ordered the eviction of Khatik’s family, a decision which was contested by Umredkar in court. Umredkar argued that he sold the house to a Muslim family due to financial needs for his wife’s medical treatment.

During the hearing, the bench ruled that objections from neighbors cannot be grounds for rejection and criticized the authority for violating established legal principles. Justice Nanavati emphasized that the only relevant factors are a fair property price and the free consent of the seller.

Expressing dissatisfaction with the eviction order, the High Court stayed the eviction of the family and has demanded a government response by April 1. DeshGujarat