Gandhinagar, March 25 Following a heated debate over demographic shifts and protection for a particular community, the Gujarat Assembly passed an amendment bill to the 1991 Act on Wednesday, aimed at curbing illegal property transfers and strengthening safeguards for legitimate owners.
The bill amending the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, was passed through a voice vote on the last day of the budget session.
Pitching the bill as a necessary safeguard for a particular community, State Revenue Minister Sanjaysinh Mahida, who introduced the legislation, invoked historical attacks on Sanatan Dharma and warned against forced migration driven by "Land Jihad" and "Love Jihad".
"For thousands of years, to escape the torture of oppressors, to protect themselves from 'Land Jihad' and 'Love Jihad', and to preserve their glorious Sanatan Dharma heritage for future generations, the majority community has continued to migrate," he told the House.
The Opposition Congress refused to support the bill, leading to a heated debate over communal harmony and demographic shifts.
The amendment was necessitated after authorities observed properties being transferred in violation of existing provisions, allowing unscrupulous individuals to gain illegal possession.
A key provision of the newly passed amendment bill replaces the term "disturbed area" with "specified area" across the Act, which was previously known as the Disturbed Areas Act.
It expands the state government's power to declare areas prone to disturbance and involuntary displacement due to communal tensions, rather than solely relying on a history of riots or mob violence.
Furthermore, the legislation introduces a clearer definition of a "person aggrieved" to include not just the buyer and seller of a property, but any resident living within the specified area. This allows a third party to also object to a property transaction in the specified area.
The bill significantly strengthens the scrutiny process. The district collector will now conduct a formal inquiry before granting approval for a property transfer, assessing factors such as the free consent of the parties involved, fair market value, and the likelihood of a breach of public order.
To address illegal transfers, the amendment mandates that if a transaction is declared void, the transferee must restore possession within six months. If the original owner fails to do so, the collector is empowered to take temporary custody of the property, according to Minister Mahida.
Highlighting demographic shifts in Ahmedabad, he cited areas like Danilimda, where numerous Hindu-majority communities have seen their populations decline.
Mahida stated that the "specified area" designation ensures that individuals are not forced into involuntary migration.
"To review the status of the Act and make the existing provisions more effective, to prevent forced transfers of immovable property, and to prevent innocent people's property from being illegally occupied by individuals with such noble intentions, I present this bill proposing amendments to the current provisions," he said.
The bill introduces new mechanisms, including a Monitoring and Advisory Committee and a Special Investigation Team (SIT), to assess ground conditions and assist in decision-making regarding the declaration of specified areas.
Supporting the legislation, BJP MLA from Ahmedabad, Amit Shah, traced the Act's origins to the 1985 anti-reservation riots, recalling the burning alive of seven people from the Dabgar community in a closed house in the Old City area.
Pointing to deep demographic changes, Shah drew parallels with Kashmir and the historical disappearance of Parsis in Iran following demographic influxes.
"In my friend's area of Jamalpur, there are 24 'Pols' where the population was once 100% Hindu. Today, there isn't a single Hindu left," stated the ruling party MLA.
He recounted instances where a particular community was forced to relocate a 350-year-old Jain temple and an Ambaji shrine, framing the amendment as a firm resolution to ensure citizens of Ahmedabad remain safe in their own homes.
The Congress strongly contested the government's narrative, questioning the perpetuation of a law originally designed in 1986 as a temporary, stop-gap measure.
Congress MLA Imran Khedawala pointed out a glaring contradiction in the ruling party's claims of a riot-free state.
"If there is indeed complete peace, why is the Disturbed Areas Act being expanded and imposed on new areas?" Khedawala asked, noting the law's application has widened from Ahmedabad to 744 areas across Gujarat, including small villages.
Rejecting the BJP's claims of forced migration and usurped properties, Khedawala challenged the government's premise.
"If properties were taken by force, why hasn't a single FIR been registered in any police station? The reality is that whatever properties or houses were sold in these societies and pols, they were sold with the mutual consent and understanding of both the buyer and the seller," the Congress MLA insisted.
The Assembly passed two more Bills on the last day of the Budget session.
The Gujarat Clinical Establishments (Registration and Regulation) (Amendment) Act, 2026, and the Gujarat Educational Institutions Services Tribunal (Amendment) Act, 2026, were passed unanimously with the Opposition support.
Under the original Act meant for clinical establishments, registration of institutions ranging from small clinics to multi-specialty hospitals and laboratories was mandatory. As of March 20, about 41,000 temporary and 2,000 permanent registrations have been done in the state.
Earlier, the time limit for registration was until April 30. As per the new amendment, institutions will have to apply for registration within the time limit fixed by the government.