Gujarat: Muslim couple buys a home, neighbours move HC

Citing “law and order issue,” a group of people in Vadodara moved Gujarat High Court against their Muslim neighbour who has recently bought a bungalow in their locality. The high court on Friday issued a notice to the businessman and the state government and sought their responses.

In the meanwhile, the court directed to dismiss proceedings against the Muslim purchaser Faisal Y Fazlani and his wife Zeenat which was going on before Special Secretary Revenue Department (SSRD). The couple bought a bungalow in Kesarbaug Society, one of the poshest localities in the city in August this year against the several neighbours are up in the arms. The neighbours, as well as the state government, moved before the SSRD against the property deal citing provisions under Disturb Areas Act.

The neighbours informed the high court that they withdrew their pleas from the SSRD as it were not maintainable and hence, they have challenged the property deal in the court. The high court allowed neighbours’ move and also dismissed similar plea of the state filed before the SSRD.

In their petition, the neighbours have alleged that permission granted to Fazlani to buy the bungalow is in contravention of disturb area act. It says that before granting permission, other residents of the society were not given the opportunity for raising objection. This act provides declaration of a particular area of a city as “disturbed area” where for transfer of immovable properties mandates prior sanction from district collector. This act prohibits sale of properties between Hindus and Muslims and even the among the two communities without prior permission from the authority. In the case of Fazlani, the controversy erupted after he completed all the formalities as prescribed under the provisions.

Fazlani bought the bungalow after completing all the formalities in June this year and on August 8, the properties were registered in his name. However, several neighbours of society including Dr Harshil Shah, Harsh Rana, Ankur Agarwal, Santosh Ramanand and Girish Pathak raised objection.

Following their complaints, Vadodara collector Shalini Singh directed the city police commissioner to inquire again into the matter. The police came up with a report stating that “the petitioners are the only Muslim family residing in the said society, the same can lead to incidences of communal violence in future.”