A.J. DESAI

1. The Act, namely, THE GUJARAT PROHIBITION OF TRANSFER OF IMMOVABLE PROPERTY AND PROVISIONS OF TENANTS FROM EVICTION FROM PREMISES IN DISTURBED AREAS ACT, 1991, (hereinafter referred to as “the Disturbed Areas Act”) came to be enacted for declaring certain transfers of immovable property in disturbed areas which is defined under the said Act of the State of Gujarat, to be void and to prohibit temporarily transfers of immovable property in such areas which is declared as disturbed area under the said Act, and to further amend the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, for providing protection to the tenants of certain immovable property in such disturbed areas from eviction.

2. The short controversy in the present appeals are with regard to the order dated 11.01.2011 passed by Sub-Registrar, Ahmedabad Division – 4, Paldi, calling upon the transferee (present respondent) to get permission under Sections 4 and 5 of the Disturbed Areas Act from Collector so that the sale deed with regard to different flats/apartments in T. P. Scheme No.3/6, having Final Plot No.852 of Village Kochrab of Ahmedabad City can be registered under the provisions of the Registration Act, 1908.

3. The present appeals are filed by the State of Gujarat under clause 15 of the Letters Patent challenging the judgment dated 13.5.2011 passed by the learned Single Judge in captioned petitions by which the learned Single Judge has held that the Notification dated 29.10.1997 issued under Section 3 of of the Disturbed Areas Act does not cover the disputed property and, therefore, the Sub-Registrar was directed to process the sale deeds which were submitted by the transferee (present respondent) by his letter dated 18.12.2010.

4. The brief facts arising from the case are as under.

4.1 That the respondent company which is a registered company under the provisions of the Companies Act, 1956, purchased all the flats/apartments which is known as Mevawala Flats which is constructed on Final Plot No.852 of Village Kochrab situated in Ellisbridge area of Ahmedabad City. The respondent company initially purchased 19 apartments during the period between April, 2010 to June 2010. Thereafter remaining 10 flats, out of 29 flats of Mevawala Flats, have also been purchased by the respondent company. The sale deeds of those 10 apartments which were subsequently purchased were lodged with Sub-Registrar of Ahmedabad for registration under the provisions of the Registration Act, 1908, which is compulsory, during the period from 29.7.2010 to 25.11.2010.

4.2 The respondent by his letter dated 18.12.2010 requested the Sub-Registrar to register 10 sale deeds and return the same after completing procedure prescribed under the Registration Act, 1908. In the said letter, the respondent company referred a communication dated 27.7.2010 addressed to City Mamlatdar, Ahmedabad by Circle Officer of Village Kochrab Chhadwad area mentioning that the Final Plot No.852 upon which the disputed property i.e. Mevawala Flats is constructed, does not fall within the disturbed area as per the Notification issued by the State of Gujarat under Section 3 of the Disturbed Areas Act.

4.3 It appears from the record that the then Speaker of Gujarat State Assembly by his letter dated 12.7.2010 requested the Collector of Ahmedabad City to look into the transaction with regard to Mevawala Flats since the flats are being sold in breach of the Disturbed Areas Act. This letter was sent to the Collector at the request of one “Kochrab Ellisbridge Hitrakashak Samiti”, who was looking after the interest of flat owners which are situated in the disturbed areas.

4.4 The Collector by his letter dated 26.7.2010 requested the Sub-Registrar to supply information as under:

i. Whether the disputed 10 apartments are registered with his office or not.

ii. Whether prior permission of Collector which is provided under Sections 4 and 5 of the Disturbed Areas Act has been taken or not.

iii. Whether those