Ahmedabad: The Gujarat High Court has set aside a local revenue authority’s decision that had blocked a residential property transaction in the city’s walled precinct under the Disturbed Areas Act, directing officials to reassess the application strictly within the framework of the law. The ruling is expected to influence how property transfers are evaluated in notified zones across Gujarat, where prior administrative approval is mandatory.
The dispute arose from a proposed sale of a house in Jamalpur, a locality within the historic core of Ahmedabad. The property owners had sought permission from the deputy collector as required under the Gujarat Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991. The statute regulates transactions in areas identified as sensitive to prevent distress sales and forced demographic shifts.
The deputy collector declined approval, citing concerns that the transfer could affect local social balance. The matter was subsequently challenged before the High Court by both the sellers and the prospective buyers.
In its order, the bench observed that the authority had travelled beyond the statutory criteria laid down under Section 5(3)(b) of the Act. The court noted that the law requires officials to examine whether a transaction is entered into with free consent and whether the consideration reflects fair market value. It found no recorded finding on these two parameters in the rejected order and therefore directed a fresh evaluation limited to those grounds. Legal experts say the judgment reinforces procedural discipline in the implementation of the Disturbed Areas Act, which has periodically drawn debate for its impact on property liquidity in older city neighbourhoods. By narrowing the scope of administrative scrutiny to consent and valuation, the court has underscored the need for predictable regulatory processes in urban land markets.
Urban economists point out that regulatory uncertainty can suppress legitimate transactions, affecting asset values and access to credit in notified areas. In dense inner-city zones such as Ahmedabad’s walled city already grappling with ageing infrastructure and conservation pressures clarity in property rights plays a crucial role in enabling renovation, adaptive reuse and climate-resilient retrofitting.
At the same time, policy analysts acknowledge the historical intent of the Disturbed Areas Act, which was introduced to safeguard vulnerable property holders from coercion during periods of social unrest. Balancing individual property rights with broader community stability remains a sensitive task for administrators.
The High Court’s intervention does not invalidate the Act but reiterates that its application must align with statutory limits. As Gujarat’s cities expand and redevelop, consistent and transparent decision-making under laws governing land transfer will be central to fostering equitable growth and trust in the urban real estate ecosystem. The deputy collector has now been directed to reconsider the application in accordance with the court’s interpretation, a move that may set a procedural benchmark for similar cases in the future.
Ahmedabad Property Transfer Dispute Returns For Review
