The petitioners had earlier approached the High Court seeking the court's direction to the revenue authorities to sanction the transfer of properties between them.
The Gujarat High Court on Monday sought a reply from the state government after 13 persons moved the court for quashing of an FIR registered against them for transfer of immovable property in Varsha Flats in Paldi, which falls under the Disturbed Areas Act, without the sanction of the revenue authorities. The Act prohibits Muslims from purchasing properties belonging to Hindus and vice versa in areas notified by the government.
Following the hearing, the single-judge bench of Justice SH Vora issued a notice to the state government directing it to file reply by October 21. The court also directed the state government not to take any coercive action against the petitioners. It, however, refused to stay the investigation in the case and clarified that the investigation in the case shall continue as per law.
Varsha Flats of Jankalyan Cooperative Housing Society falls within the ambit of 'disturbed area' as per an April 2013 notification issued by the authorities under the Act. The petitioners had transferred their immovable property among themselves in contravention of the Act without taking permission from the revenue authorities. As a result, legal proceedings were initiated against them for 13 questionable transactions and an FIR was registered.
The petitioners had earlier approached the High Court seeking the court's direction to the revenue authorities to sanction the transfer of properties between them. However, the court had refused to grant any relief to the petitioners and told them to approach the special secretary revenue department against the Ahmedabad collector's refusal to sanction the sale citing that the properties fall under 'disturbed area'.
The Case
An FIR was lodged against 13 for transfer of immovable property in Varsha Flats in Paldi, which falls under the Disturbed Areas Act, without the sanction of the revenue authorities.
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