On the afternoon of February 2, Zarinabibi Battiwala stood exterior Jariwala Mansion, her belongings strewn round her. Nearly a yr in the past, the 75-year-old and her household of 15 had moved into the four-storeyed home in Dakshini Mohalla, in Surat’s Salabatpura space. However now, that they had been evicted and the constructing sealed, allegedly over violations of the Disturbed Areas Act.
The Salabatpura space falls beneath the Gujarat Prohibition of Switch of Immovable Property and Provision of Tenants from Eviction from Premises in Disturbed Areas Act, additionally referred to as the Disturbed Areas Act.
The legislation, which empowers the administration to declare components of the territorial jurisdiction as “disturbed” within the context of communal clashes, prohibits the direct sale of property between folks of various faiths except it’s cleared by the Collector’s workplace, who has to certify that the transaction entails free consent. As a part of the method, the administration interacts with neighbours to be sure that there isn’t any coercion or risk concerned within the sale.
Nearly all of Surat’s Walled Metropolis, of which Salabatpura is a component, falls beneath the Disturbed Areas Act. Right here, within the packed lane of Dakshini Mohalla, four- and five-storeyed buildings stand cheek by jowl, sharing frequent partitions. A number of metres away is the Tekrawali Masjid, enveloped by retailers of tailors, grocers, mattress makers, barbers, tea sellers, paan sellers and butchers.
It’s to this neighbourhood that the Battiwalas — Zarinabibi, her three sons Ibrahim, 46, Farid, 42, and Arif, 40, and their households — moved final yr, after enterprise losses in 2022 compelled them to promote their textile powerloom manufacturing facility and their ancestral residence, situated in a mohalla round 2 km from Salabatpura.
Their seek for an appropriate home led them to the Jariwala Mansion, owned by Kalavatiben Jariwala, 70, who lived there together with her three sons and their households.
Kalavatiben’s son Shashi, 43, who runs a zari manufacturing unit along with his brothers, says, “Since over 90 per cent of Dakshini Mohalla are Muslims and no Hindu would have invested in a home right here, we determined to promote the home to Ibrahim. We had anyway been planning to maneuver out. With the youngsters grown up, Jariwala Mansion was beginning to really feel cramped. We’ve an even bigger plot within the Sagrampura space, the place we plan to assemble a four-floor constructing.”
Story continues under this advert
In March final yr, Zarinabibi and Kalavatiben drew up a short lived sale settlement. Whereas Kalavatiben’s son Shashi says that, as per the Act, he had sought permission from the Collector’s workplace earlier than the 2 households entered into an settlement, they didn’t look forward to the approval to come back by way of as a result of the Battiwalas have been and not using a residence and have been determined.
The households say the deal was settled for Rs 1.20 crore and the Battiwalas moved in after paying 80 per cent of the agreed quantity.
Shashi says, “The Battiwala household had no home to dwell in, so on humanitarian grounds, we handed over the property.”
Ibrahim, who has two school-going youngsters, says, “We did minor repairs at Jariwala Mansion after we moved in. My brother Arif died of most cancers quickly after.”
Story continues under this advert
The difficulty started as the 2 households adopted up with the income division on the standing of the ultimate sale deed paperwork. Earlier this yr, because the native administration despatched its group to Salabatpura for a spot inspection, just a few Hindu households within the locality raised objections over the sale, which ended with the Surat District Collectorate evicting the Battiwala household and sealing the home.
Explaining what went mistaken, Shashi’s lawyer Prakash Patel says, “Underneath the Disturbed Areas Act, the proprietor applies for permission from the District Collector’s workplace to execute a gross sales deed. Whereas the Mamlatdar (a income official) inspects the property and talks to a couple locals earlier than making ready a report, the police take statements from the proprietor’s neighbours relating to their consent over the sale. If the reviews of the Mamlatdar and the police are related, the proprietor will get permission to get the gross sales deed registered. On this case, some neighbours raised objections.”
On February 2, the Battiwala household’s new home was sealed off by the Mamlatdar, performing on the directions of the Prant officer (the Sub-Divisional Justice of the Peace).
Speaking to The Indian Categorical, Surat Collector Dr Sourabh Pardhi stated, “For instances beneath the Disturbed Areas Act, I’ve delegated powers to the SDM. If a celebration is sad with the SDM’s resolution, they’ll enchantment to the Particular Secretary, Income Division (SSRD). If they’re nonetheless not happy, they’ll transfer the Excessive Courtroom.”
Story continues under this advert
SDM Neha Sawani stated, “We received data that the Battiwala household had began staying of their new home, so we despatched our groups to verify. That they had moved in earlier than the approval (beneath the Disturbed Space Act) might come by way of and had therefore violated the principles of the Act.”
Patel, additionally the lawyer for the Battiwala household, says, “We (the Battiwalas) have appealed to the SSRD. We’re gathering some paperwork displaying related gross sales within the space earlier than and after 2024. We hope to get justice quickly.”
For now, the Battiwala household is scattered. Whereas Zarinabibi is staying at her brother’s residence, her elder son Ibrahim is staying along with his in-laws in a slum, her youthful son Farid is at his in-laws’ residence and the spouse of her late son Arif is at her brother’s home.
Ibrahim tells The Indian Categorical, “We’re all struggling, however what can we do? We simply need this matter sorted out as quickly as attainable in order that we are able to all keep collectively in our new home.”
Story continues under this advert
Shashi says his household is “saddened” by the incident. “We have been unaware that possession of a property in a disturbed space can’t be given with out permission from the District Collector. The Battiwala household was homeless at the moment… We’ve advised the Income Division that almost 90% of the residents within the space are Muslims and that no person ought to have an issue with the sale of our home. However the income officers are adamant about their resolution, as are the federal government officers.”
