Gujarat High Court Intervenes in Ahmedabad Housing Society Dispute
The Gujarat High Court has stepped into a long-running legal battle over a redeveloped housing complex in Ahmedabad. Justice A P Mayee issued an order directing status quo regarding 13 registered sale deeds. This decision effectively stays an earlier order from the Special Secretary Revenue Department (SSRD).
Court Halts SSRD's Rejection Order
In October 2025, the SSRD rejected applications seeking post-facto permission under the Disturbed Areas Act of 1991. The department cited a huge difference in transaction amounts as grounds for refusal. The High Court's oral order, issued in late December, challenges this reasoning.
Justice Mayee noted the petitioners' contention that price differences should not prevent retrospective permission. The court has issued notices to the state government and Deputy Collector of Ahmedabad (West). These notices are returnable on February 3, 2026.
Background of the Paldi Housing Society
The case centers on Jankalyan Cooperative Housing Society Limited, popularly known as Varsha Flats. Originally established in 1969, this Paldi-area society comprised 24 units across four three-storey towers. In 2014, the society entered into a redevelopment agreement with R N Builders.
The redevelopment plan increased the total number of flats to 54. While existing occupants received 24 units, the remaining 32 were sold to new members. The controversy involves 13 of these sale deeds registered between April 2016 and February 2018.
Legal Proceedings Under Disturbed Areas Act
The Disturbed Areas Act requires special permission for property transactions between people of different faiths in designated areas. Authorities argue that 13 sale deeds were registered without this necessary clearance.
Legal proceedings began in April 2018 when the Deputy Collector issued a notice. The petitioners have since made multiple appearances before the High Court. They secured a stay on the Deputy Collector's orders and successfully challenged the cancellation of sale deeds.
Complex Timeline of Appeals and Rejections
The dispute has followed a winding legal path:
- In December 2018, the Deputy Collector declared the sale deeds null and void and denied post-facto permission.
- The Principal Secretary, Revenue Department stayed this order in February 2019.
- Despite the stay, the Deputy Collector rejected permission applications a week later.
- In May 2019, the High Court directed the Principal Secretary to decide appeals on merit.
- During this period, the Deputy Collector registered an FIR with Paldi police station.
- The High Court allowed investigation to proceed but prohibited coercive action against applicants.
- Appeals remained pending before the SSRD from 2023 until their rejection in October 2025.
Current Status and Implications
The High Court's status quo order maintains the current situation regarding the 13 sale deeds. This prevents any immediate action against the property transactions while the legal process continues.
The case highlights the complexities of applying the Disturbed Areas Act to redevelopment projects. It also raises questions about retrospective permissions for transactions that occurred without initial clearance.
Both petitioners and authorities await the next hearing scheduled for February 2026. The outcome could set important precedents for similar cases across Gujarat.
