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Gujarat: Surat Municipal Corporation cancels permission for construction given to Raihan Heights in violation of Disturbed Areas Act

The further construction at Raihan Heights has been halted after the Deputy Collector, Surat Municipal Corporation cancelled the transfer of property which violated the Disturbed Areas Act

Surat Municipal Corporation in a letter date 21st September 2021 cancelled the permission for construction given to Raihan Heights building in Adajan area after matters came to light that the provisions of Disturbed Areas Act were violated.

SMC letter

In a letter dated, the Corporation stated that the permission for carrying out construction of building for flat no. 82 in TP Scheme 11 (Adajan) now stands adjourned. The letter stated that the above area comes under the Disturbed Areas Act and the transfer of property was cancelled by the Deputy Collector, City Prant, Surat following which the permission to carry out construction activity on the said property stands cancelled. Hence, until further orders, no construction activity can be carried out on the land.

If any construction activity is carried out in violation of the order will be liable to further legal action, the notice says.

Disturbed Areas Act circumvented by bringing in ‘temporary’ Hindu partner

OpIndia had earlier reported that the Disturbed Areas Act was circumvented in Surat’s Adajan area and permission to construct building was obtained through deceitful means. Evergreen Corporation, Muslim owned enterprise, obtained next to construct a building next to a temple by ‘temporarily’ bringing up a Hindu partner in what appears to be a bid to hoodwink the law. Once the permission was obtained, the Hindu partner was removed by them.

It must be noted that Adajan in Surat falls under the Gujarat Disturbed Areas Act where transfer of immovable property can take place only after the Collector signs off an application made by the buyer and seller of the property. The seller, in the application, must mention that the seller is selling the property by their own free will. This is to preserve the religious and community value and identity of the areas which are susceptible to demographic change.

Essentially, the Collector is the peacekeeper of the district and it is his/her responsibility that the communal harmony is maintained. To make sure things don’t escalate and communal riots do not break out, the Collector has the responsibility of keeping peace.

Through this Act, the government is trying to keep a check on the polarisation of communities in sensitive parts of the state.

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Nirwa Mehta
Nirwa Mehtahttps://medium.com/@nirwamehta
Politically incorrect. Author, Flawed But Fabulous.

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