AHMEDABAD: Reminding state govt that maintaining law and order was its duty, Gujarat high court directed the authorities to redress the problem faced by a Muslim trader in conducting business from his legally-owned shop in a Hindu-majority locality in Vadodara.
The order by a bench of Justice H D Suthar came as a relief to petitioner Onali Dholkawala, who allegedly faced relentless obstruction from locals as they have refused to let him open the premises.
Dholkawala had legally purchased the shop from two Hindu brothers near Champaner Darwaza in 2016. However, he could get the sale deed registered only in 2020 after he approached HC, as the area is covered under Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1991. The Act restricts property transactions in designated areas and mandates the district collector's permission for transactions.
Dholkawala continued to face opposition in the neighbourhood as some of the residents challenged the sale to a Muslim and demanded its cancellation. The residents contended that allowing a Muslim to buy property in the area could lead to polarisation and disturb demographic equilibrium.
In Feb 2023, HC rejected their petition and imposed a fine of Rs 25,000 on each of the two litigants hounding the owner and "thwarting his attempt to enjoy the fruits of the property which he successfully purchased". An appeal against this order was also dismissed.
However, the locals still did not allow Dholkawala to use the shop. They allegedly dumped debris at its gate so that it could not be opened. Dholkawala approached high court once again, seeking police protection so that he could get the shop repaired and conduct business from the premises.
Dholkawala complained that he had approached police multiple times requesting protection, but received no support.
The order by a bench of Justice H D Suthar came as a relief to petitioner Onali Dholkawala, who allegedly faced relentless obstruction from locals as they have refused to let him open the premises.
Dholkawala had legally purchased the shop from two Hindu brothers near Champaner Darwaza in 2016. However, he could get the sale deed registered only in 2020 after he approached HC, as the area is covered under Gujarat Prohibition of Transfer of Immovable Property and Provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1991. The Act restricts property transactions in designated areas and mandates the district collector's permission for transactions.
Dholkawala continued to face opposition in the neighbourhood as some of the residents challenged the sale to a Muslim and demanded its cancellation. The residents contended that allowing a Muslim to buy property in the area could lead to polarisation and disturb demographic equilibrium.
In Feb 2023, HC rejected their petition and imposed a fine of Rs 25,000 on each of the two litigants hounding the owner and "thwarting his attempt to enjoy the fruits of the property which he successfully purchased". An appeal against this order was also dismissed.
However, the locals still did not allow Dholkawala to use the shop. They allegedly dumped debris at its gate so that it could not be opened. Dholkawala approached high court once again, seeking police protection so that he could get the shop repaired and conduct business from the premises.
Dholkawala complained that he had approached police multiple times requesting protection, but received no support.
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