The high court has sought a response from the Punjab government on a plea filed by Patiala MP Dharamvira Gandhi seeking time-bound construction and allotment of units for the economically weaker sections (EWS) in the state’s urban housing projects.
The high court bench of acting chief justice Ashwani Kumar Mishra and justice Rohit Kapoor has sought a response by August 18.
The PIL demands that the government be directed to investigate and take action against promoters/builders and concerned officials for non-compliance with statutory EWS reservation obligations in such projects. The PIL also demands a stay on a May 2016 notification that allows diversion or repurposing of EWS-reserved land for other purposes.
According to the PIL, the Punjab Apartment and Property Regulation Act (PAPRA), 1995, mandates that a fixed percentage of plots and apartments in large housing projects be reserved for economically weaker sections.
“Several economically weaker families approached the petitioner alleging that despite statutory reservation under PAPRA, EWS flats were neither constructed nor allotted, and reserved land was diverted for other uses,” the PIL says, seeking the court’s intervention.
The plea says that through a May 2016 executive order, the mandatory obligation has been diluted. “The notification permits transfer of EWS-reserved land to the government and further allows the authority to develop it for other purposes, sell it, or monetise it, with proceeds to be credited to an EWS fund. This effectively converts a compulsory housing mandate into a financial mechanism, severing the direct nexus between the builder and the EWS beneficiary,” the plea argues.
{{/usCountry}}The plea says that through a May 2016 executive order, the mandatory obligation has been diluted. “The notification permits transfer of EWS-reserved land to the government and further allows the authority to develop it for other purposes, sell it, or monetise it, with proceeds to be credited to an EWS fund. This effectively converts a compulsory housing mandate into a financial mechanism, severing the direct nexus between the builder and the EWS beneficiary,” the plea argues.
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