Gujarat renames 'Disturbed Areas' to 'Specified Areas' in property law overhaul

Speaking at a press conference after the proceedings concluded, government spokesperson and minister Jitu Vaghani said objections to the legislation were being raised by those viewing the issue through a "political lens".

"Those who see everything through a political lens will object and find issues," he said, adding that the law had been brought to maintain social harmony and ensure stability in sensitive areas.

Presenting the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas (Amendment) Bill, 2026, Minister of State for Revenue, Sanjaysinh Mahida, said the amendments were intended to prevent involuntary migration of properties in designated areas and protect the interests of lawful owners.

"The main objective of this amendment is to prevent involuntary migration of properties in designated areas and to safeguard the interests of legal owners," he said.

The bill expands the scope of an "aggrieved person", allowing any resident of a designated area to approach the Collector for protection of their interests.

It empowers the Collector to initiate inquiries either 'suo motu' or on an application, and to examine property transactions.

If a transfer is found to be objectionable, the Collector is authorised to take possession of the property.

The amended law also enables the government to notify any area as a "designated area" where there is a likelihood of disturbance to public order, in addition to the existing criteria.

It introduces a provision allowing property owners in such areas to mortgage their immovable property with financial institutions to obtain loans or financial assistance.

To support decision-making, the bill strengthens the role of a special inquiry mechanism and monitoring and advisory committees, which will assess the actual situation before areas are notified and provide oversight on implementation.

During the debate, Congress MLA Imran Khedawala questioned the continued application of the law, stating that it had originally been conceived as a temporary measure.

He referred to earlier versions enacted in 1986 and 1991 and said the law had remained in force for decades despite claims that communal disturbances had ceased in the state.

"Why large parts of Ahmedabad and other regions continued to be notified if peace had prevailed, and restrictions on property transactions were inconsistent with constitutional guarantees," he questioned.

Khedawala also raised concerns about delays in obtaining permission from the Collector for property transfers and the absence of de-notification of areas once conditions improve.

He called for the law to be reconsidered and repealed, describing it as discriminatory and contrary to constitutional principles.

Responding to Khedawala's claims, BJP MLA Mahesh Kaswala said the state had remained peaceful for nearly 30 years and that the law had helped maintain that stability.

"There has been peace in the state for the past 30 years, and even young children do not know what a curfew is," he said.

He added that the provisions were necessary to prevent involuntary migration and ensure orderly transactions.

"For those who carry out genuine and lawful transactions, this law is not an obstacle," he said.

Kaswala said that in cases where new areas are to be notified, committees would study the ground situation and submit reports before a competent authority takes a decision, ensuring that no injustice is caused.

He said the legislation was aimed at maintaining social harmony and balance in sensitive areas.

The government maintained that the amendments would strengthen safeguards around property transactions in designated areas while continuing efforts to preserve social harmony.

- IANS