STATE OF GUJARAT Vs. NARESHBHAI P PARMAR

JUDGEMENT

(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.