Though the area under 'Disturbed Areas Act', Hindus can sell their shops to Muslims, says Gujrat High Court.

    19-Mar-2020
The Gujarat High Court (HC) has granted permission to the sale of shops by Hindus to Muslims in a Vadodara area, where the State Government has imposed the Disturbed Areas Act, Times of India reported. 
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If the area falls under the Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, it is mandatory to take prior permission for sale/purchase of properties involving people belonging to different faiths.
 
According to media reports, the HC said in the judgement that the authorities do not have to verify except the free will of the seller and fair price of the property.
 
In this case, the authorities denied permission for sale of the properties by Hindus to Muslims on the consideration that it would reduce the strength of Hindu traders in the area.
 
However, HC has quashed the orders of Vadodara Deputy Collector and the secretary denying permission to sale/purchase of properties by two brothers Dinesh and Deepakbhai Modi to Muslim traders Onali Dholkawala and Iqbal Tinwala.
 
The local authorities had denied permission to sale the property after the police reported that the purchase of shops by Muslims from Hindus would disturb the balance between the communities' trade strength.
 
The Muslim purchasers approached the HC. "The object to get into such sale consideration is not to see whether it would create a law and order problem…" the HC said and termed the inquiry against the law.