30 May 2024 Property/Real Estate Law >> Property & Real Estate  

A property sale in Gujarat's "disturbed area" has sparked a legal battle. Firoz Falibhai Contractor, the initial purchaser, stands accused of violating the Disturbed Areas Act and the Indian Penal Code (IPC). The crux of the matter lies in alleged discrepancies between the procedures followed during the first purchase and the subsequent sale to a Muslim party.

The Act mandates prior permission from the Deputy Collector for any property transfer within such areas. Contractor purchased the property in 2018 and obtained the necessary permission after disclosing his caste (Parsi) and address in the required affidavit.

However, when he later sold the property to co-accused individuals belonging to the Muslim community, complications arose. The FIR alleges that Contractor did not inform the housing society about the sale or obtain a fresh NOC (No Objection Certificate). More seriously, the FIR claims that in the affidavit for the second sale, Contractor concealed his Parsi caste and provided a different address situated in a Muslim-dominated area.

Based on these allegations, the Society President filed an FIR accusing Contractor of cheating, forgery, and criminal breach of trust.

Contractor maintains his innocence, arguing that the accusations lack merit and misuse the legal system. He highlights that the authorities granted permission after due verification and asserts that the housing society's NOC is not mandatory. He further contends that his caste is irrelevant to obtaining permission for the sale.

The court has issued a partial decision. While not dismissing the entire case, it has quashed the charges related to filing false information with a public servant (Sections 177 & 181 of the IPC) due to a legal technicality. Additionally, a charge under a recently amended section of the Disturbed Areas Act (Section 6(d)) was dismissed as the amendment wasn't in effect at the time of the alleged offense.

The remaining charges against Contractor will proceed in the trial court. The court's observations at this stage are preliminary and will not influence the trial process. Contractor retains the right to raise further arguments as the case progresses.

  DISTURBED AREAS (SPECIAL COURTS) ACT, 1976