Illegal colonies: No registration of properties without NOC till decision on PIL: Punjab to HC

The submissions were made in a PIL filed by a Ludhiana resident, Prem Prakash, who had alleged that authorities are permitting registration of sale deeds/transfer deeds of plots/sites in unauthorised colonies by doing away with the requirement of obtaining a no objection certificate

The Punjab government has given an undertaking in the high court that it will not register plots and properties in illegal colonies till a decision on issues raised in a public interest litigation (PIL) are not dealt with.

Illegal colonies: No registration of properties without NOC till decision on PIL: Punjab to HC

The submissions were made in a PIL filed by a Ludhiana resident, Prem Prakash, who had alleged that authorities are permitting registration of sale deeds/transfer deeds of plots/sites in unauthorised colonies by doing away with the requirement of obtaining a no objection certificate (NOC) from the department of housing and urban development.

The petitioner submitted that it was mandatory as per the letters/instructions of January 2018 issued by department of revenue, rehabilitation and disaster management, Punjab. However, authorities in December 2019 withdrew the requirements prescribed in 2018 communication. By doing away with it, the authorities are permitting transfer of plots in unauthorised colonies that have been raised by persons, who are neither the colonisers nor the colonies have been established in accordance with the law, the court was told, adding that due to this entire process of taking action against the unauthorised colonizers have become redundant.

He had demanded that the colonies, which were not regularised in 2018 and those coming up after that, should be demolished.

It was further argued that setting up and establishing unauthorised colonies is prohibited under the Punjab Apartment and Property Regulation Act, 1995.

The government had framed a scheme for regularising the unauthorised colonies, yet without taking any action under the said scheme, the authorities are now permitting sale and transfer of plots and sites of unauthorised colonies without NOC, it was argued.

The court was informed that in 2010, the high court had upheld the mandatory condition of obtaining NOC before registration of documents as required by the provisions of Haryana Development and Regulation of Urban Areas Act, 1975.

The state’s counsel said before court that, the December 2019 instructions were issued after obtaining an opinion from the law department. However, in view of the issues raised by the petitioner, the matter would be re-examined by the authorities taking into account statutory provisions as well as the decision rendered by high court in 2010 expeditiously, the state’s counsel had told court adding that till that time 2019 instructions would be kept in abeyance and registration of properties would take place as per 2018 instructions.

The high court bench of chief justice RS Jha and justice Arul Palli has disposed of the plea in view of assurance from the state’s counsel with a direction to authorities to consider and decide the issue raised.

“It is made clear that this court has not expressed any opinion on the merits of the case and the matter has been disposed of in terms of the issues raised by the petitioner and in terms of the statement made by learned assistant advocate general, Punjab,” the court said.