ગુજરાતી
English
Gujarat has been a peaceful state for 25 years without any communal riots, so why do you think it is a troubled state?
Dilip Patel
Ahmedabad, October 25, 2025
In Gujarat, in any area covered by the Disturbed Areas Act, one religious community will not be able to transfer property to a person from another religious community without the prior permission of the Collector. When Gujarat claims to be a peaceful state, such laws are meaningless. People here do not enjoy their constitutional rights to trade and sell their property. This law is applicable in all major cities where the BJP is in power. It is not applicable in rural areas. This law, which was like Article 370, is expanding. It is widening divisions among people. Although the law does not mention religion, it is being used to incite religious sentiments. This law has also led to numerous controversies and protests in Gujarat. This law has created obstacles in property transactions. The law itself has become a political weapon.
One Lakh Homes
In Gujarat, 100,000 applications for property sales under the Disturbed Areas Act are received annually. Ahmedabad leads the way. On average, 4,000 applications for property sale permission are received every month. In 2024, 50,000 applications were received. The situation is similar across Gujarat. The Disturbed Areas Act is applicable in cities. The BJP government is enforcing it even in areas where there have been no communal riots in the past 10 years.
Contrary to Global Law
Countries around the world have reservations for people of different religions to purchase property. Malaysia is one of them. However, BJP leader Narendra Modi formed the government in Gujarat and, after widespread communal riots occurred or were instigated in 2002, he weaponized this law to further divide the two religions. Although the law does not mention any religion, it is used directly and indirectly to gain votes, contrary to the spirit of the Constitution. Similarly, this law was used to incite Jains and Hindus in the Paldi area of Ahmedabad. This continues to happen today.
1969, 1985 Riots
Following the communal riots of 1969 and 1985-86 in Ahmedabad, a large number of Hindus in the Shahpur, Dariyapur, and Jamalpur areas of the Kot region migrated to Naranpura and Maninagar or other areas. Muslims also migrated in a similar manner. Since then, the city has been divided between two religions. Now, with the new rules, people of one religion have increased their dominance in that area.
Intending to prevent the sale of properties, the government later enacted the Disturbance Act.
Amar Singh Chaudhary and Chimanbhai Patel
It was first introduced in the state in 1986 during Congress rule. The DAA Act clearly states that it is for disturbed areas based on previous riots or mob violence and is only for a limited period. The text of the law makes no mention of religion, focusing only on “riots” and “mob violence.” It has always been used on religious grounds. However, its use began to change significantly after the 2002 riots.
The mid-1980s were a turbulent time for Gujarat. As Hindu-Muslim riots escalated and the BJP gained ground in municipal elections, a renewed atmosphere of anxiety and fear pervaded the region. In Ahmedabad, in particular, communal conflict reached a peak in 1986, leading to the displacement of people from some areas and a massive increase in property sales. In this atmosphere, the Congress government led by Chief Minister Amar Singh Chaudhary introduced the Disturbed Areas Ordinance in 1986. Its purpose was “noble and laudable.” It aimed to curb the tendency toward communal division.
Yet BJP governments declare disturbed areas for a period of 10 years. An area can only be declared disturbed if riots or mob violence persist. Yet, the government continues to declare disturbed areas as disturbed again.
In 1991, the Janata Dal government led by Chimanbhai Patel (supported by the Congress) enacted it as a permanent law through an amendment. This gave the state government the power to declare certain areas as disturbed and prohibit the transfer of immovable property in such areas.
Controversy erupted in 2019 when the BJP introduced amendments.
This rule was first implemented in 1986 but was later withdrawn and re-enacted in 1991. In areas covered by this Act, a person of one religion cannot buy or sell property to a person of another religion.
It has been extended to approximately 70 percent of the city of Ahmedabad. Additionally, 60 percent of Vadodara, a large part of Bharuch city, Surat, Bhavnagar, Rajkot, Himmatnagar, Godhra, Kapadvanj, Dhandhuka, Borsad, Petlad, and Morbi are included.
There has been little opposition from Hindus to the controversial law in court cases.
A petition was filed in the Gujarat High Court seeking the repeal of the Act. In 2021, the Jamiat Ulema-e-Hind Gujarat challenged it in court, with the state High Court ordering the government not to issue any new notifications under the amended sections. The petition argued that the Act violates the Constitution’s rights to property and liberty.
The 500-meter rule was implemented in 2020. Land Surveyor
Documents are not accepted without a certificate from the District Magistrate or Mamlatdar. The process of obtaining property history has also been made online.
Three years after the provisions of the controversial Disturbed Areas Act were made more stringent, the state government decided to withdraw the amended provisions in 2023. It is considering amending the objectionable provisions.
Gujarat has introduced a provision to ban the transfer of immovable properties and protect tenants from eviction from premises in disturbed areas.
The 1991 Act restricts property transactions and requires people to obtain prior permission from the District Collector before purchasing property in designated disturbed areas.
The new amendments were stayed following a petition filed by the Jamiat Ulema-e-Hind. Since then, these amendments have remained ineffective, although the state government continues to enforce prohibitory laws in various parts of the state under the old provisions.
Constitution
Its purpose is unconstitutional and violates the fundamental characteristics of fraternity, equality, tolerance, and secularism. It discriminates against citizens on the basis of religion and caste. It violates the constitutional values of fraternity, liberty, and justice. It aims to destroy secularism. It imposes unreasonable restrictions on the freedom to reside anywhere within the territory of India and therefore violates Article 19(1)(e), Article 19(5), and Article 21 of the Constitution. It also violates the right to enjoy property under Articles 26 and 300A of the Constitution. An attempt was made to institutionalize division on the basis of religion. The government’s aim was to divide society on the basis of caste and religion and to segregate the city on the basis of religious identity and religious sites.
Area of Division
According to a study, between 2013 and 2019, the area of ”disturbed areas” in Ahmedabad increased from 25.87 square km to 39.01 square km. The western region saw a particular increase. The approval rate in the western region was 93.6%. The eastern region received approval ranging from 1.5% to 31%. The average approval was 39%.
This law was applicable to specific areas of Ahmedabad, Surat, Vadodara, Bharuch, Godhra, Himmatnagar, and Kapadvanj. By 2025, it has been implemented in several cities in Gujarat.
Villages are not included.
With the implementation of the Disturbed Areas Act, religious divisions have emerged. Many areas of cities are now divided on the basis of religion.
Half of Vadodara and half of Ahmedabad have been divided into residential areas, which include predominantly Hindu areas.
Bhupendra Chudasama’s introduction
According to the new bill, this law applies to an area within five hundred meters surrounding the area included in the disturbed area.
Due to weaknesses in the 1991 provisions, Bhupendrasinh Chudasama, the minister holding temporary charge of the Revenue Department, explained that properties in the areas covered by the Act were originally transferred due to certain weaknesses or loopholes in the existing provisions of the Gujarat Disturbed Areas Act, 1991. Anti-social elements or individuals used to instill fear in people or pressure them to sell their properties without the Collector’s permission.
Amendment to the Original Law
Transfer of property does not polarize people of any religion. It does not disturb the demographic balance between different communities living in an area. The BJP government enacted this law, declaring that it was spreading anarchy among people of one community.
The previous law did not include any provision for sale, gift, exchange, lease, or any other form of ownership change in the transfer of property. Later, the law was amended and if a property is sold without the Collector’s prior permission, it is voided.
What is the Disturbed Areas Act?
This is a law that regulates all transfers of property belonging to people living in disturbed areas or areas where communal riots or violence occur, and where the population of a particular community increases significantly, disrupting the demographic balance. Prior approval of the Collector is required before transferring property.
Violation of this law is punishable by three to five years’ imprisonment and a fine of one lakh rupees or one-tenth of the value of the property transferred, whichever is higher.
No Benefits of Government Schemes
This law will not apply to settlements built for displaced people under government projects.
The Collector must dispose of the application within three months. If the Collector does not accept the application, the applicant can appeal to the State Government.
Cancellation of Sale
If the person giving the property does not return the purchase price, the Collector will assess the property tax and refund the remaining amount. Or, if the person buying the property does not vacate, the Collector can use force at his discretion to evict the property. Additionally, if no one is willing to take possession of the property, the Collector will retain possession.
Not only sale, but also transfer of property by gift, exchange, power of attorney, lease, or any other document requires the Collector’s prior approval.
There is a law to prevent the excessive growth of the population of a particular community in a particular area.
Which areas of Ahmedabad
What are the areas covered?
In 2020, 74 areas were added to the disturbed area in Ahmedabad city, bringing the total to 770 areas.
The unsettled areas section includes 59 areas of Kalupur, 167 of Shahpur, 109 of Madhavpura, 34 of Gaikwad Haveli, 10 of Khadia, 22 of Shaharkotda, 23 of Dariyapur, 17 of Meghaninagar, 48 of Naroda, 4 of Shahibag, 1 of Khokhara, 1 of Rakhial, 34 of Gomtipur, 8 of Ramol, 5 of Amraiwadi, 16 of Bapunagar, 14 of Danilimda, 17 of Isanpur, 9 of Kagdapith, 14 of Vatva, 7 of Aslali, 40 of Vejalpur, 8 of Sarkhej, 41 of Ellisbridge, 16 of Paldi, 6 of Navrangpur and 15 of Ranip. Khanpur, Dariyapur, Ashram Road TP No. 3 Oblique 5, Muslim Society of Navrangura, Odhav Sub-Registrar Office area, Paldi, Vejalpur, Makarba, Sarkhej, Jain Merchant Society behind Kothavala Flats are areas falling under the Disturbed Section.
All municipal corporations and municipalities in the state where people from Hindu and Muslim communities reside
This law can be implemented there by issuing a new notification. New areas in other cities across the state are also being included.
SIT
The SIT will be formed and comprised of a Municipal Commissioner or Municipal Commissioner and the respective Police Commissioner or Superintendent of Police.
The state government will form a Monitoring and Advisory Committee that will monitor the population balance in the area and provide guidance to the Collector.
Vadodara
Vadodara receives approximately 2,000 applications from people of the same religion every month. If an application was received at the Public Service Center, it was processed manually. The process for selling property to people of the same religion has now been simplified. Inter-religious applications are processed after consulting the police.
Social Impact
The area of Hindu-Muslim populations has been limited.
In areas where Hindu and Muslim communities live, significant restrictions have been imposed on the sale of each other’s property.
The Muslim or Hindu population has been confined to a specific area. People of one community cannot buy or trade in the other’s area. The geographical and emotional distance between people of different religions has increased.
Economic Impact
Business, residential, and commercial construction has stalled. Corruption is on the rise. Tax revenues payable to the government have increased.
Political Impact
The BJP’s politics of religious fear, calculated for political gain, is working. This law is working with the ulterior motive of allaying the fear that people of another community will encroach on the areas of people of one community.
This law has greatly benefited the BJP. This has yielded political benefits. BJP leaders and MLAs often raise the issue of anti-social elements encroaching on the population of one community to gain political advantage.
Politics
After the BJP came to power, they wanted to keep Muslims away from Hindu areas. The Disturbed Areas Act has become a major weapon for them. They have no regard for society or social structure. The BJP has millions of Muslims. Its office bearers are Muslims. If the BJP has no fear, why is it scaring people?
This law has increased communal divisions. It has fueled conflict. This law states that Muslims and Hindus must live separately. It has legitimized imaginary boundaries. It supports the idea of discrimination. Hindus can no longer make friends with Muslims. Therefore, the gap between people of both religions has widened. BJP governments claim that there have been no communal riots in Gujarat for 25 years.
Impact
When the Gujarat Disturbed Areas Act was enacted in 1986, its purpose was to prevent the sale of property in areas where communal violence had occurred.
The full name of this law—the Gujarat Prohibition of Transfer of Immovable Property and Eviction of Tenants from Premises in Disturbed Areas Act—was the promise.
This law is being used as a weapon by those who want to divide Gujarat along religious lines.
Under the Chief Minister’s Housing Scheme, houses are being allotted to people of a particular religion, which is being opposed.
It is rare to hear mention of the Disturbed Areas Act (DAA), which is used to restrict property transactions in Gujarat.
Commercial offices and shops are also being affected. The primary purpose of this law was to prevent polarization, but now it has been amended. It was to be implemented in areas prone to communal riots.
Builders benefit
He further stated that property prices in Muslim areas are 30 percent higher because space is very limited. Introducing a private bill in the state assembly in March 2023, Kharia-Jamalpur MLA Imran Khedawala said that this law should be withdrawn. It has become a tool for widespread corruption and irregularities in the administration.
Studies show that in the western part of the city, large areas of Sarkhej, Shela, Bakrol, Badrabad, Maqbara, Fatehwadi, and their surrounding farmlands have also been brought under the ambit of this law.
Goradia’s Bungalow
Tensions began in 2019 when Hindu industrialist Geeta Goradia sold her lavish bungalow in Tandalja’s Kesarbag Society to Muslim industrialist and academician Faizal Fazlani for Rs 6 crore.
Battleground
This law became a battleground for Hindu neighbors.
The Disturbed Areas Act was used to suppress the movement of those MuslimsThose who wanted to move to better areas where more Hindus live.
Many Muslims want to live in central and more developed ‘Hindu’ areas. Many Hindus want to live in Muslim areas.
Muslim builders fall prey to the limitations of the law, often limiting themselves to Muslim areas to avoid legal complications.
A new law needs to be introduced so that everyone can live and enjoy security everywhere.
A real estate developer promises his customers that he will not give homes to any Muslims. (Google translation from Gujarati)
