The department of town and country planning (DTCP) wrote to the revenue department on Wednesday urging that the registration of properties that have been sealed should not be carried out till a no-objection certificate (NoC) is issued by the department.
DTCP officials said they have observed that a number of property owners and dealers allegedly sell properties despite building plan violations and legal action pending against them. This, the department said, created a dicey situation as third party rights are created and the new owners are affected, despite no wrongdoing on their part.
RS Bhath, the district town planner, said that they have written to the district administration, and six tehsildars and Naib tehsildars that registration deeds of properties against which legal action is pending should not be carried out till an NoC has been issued by the DTCP. “We have shared details of five properties in DLF Phase 3 and five in Suncity with the revenue department, where these houses have been sealed for building plan violations. Similar information will be shared with revenue officials regularly to prevent new owners from getting stuck,” said Bhath.
DTCP officials said that when a house is sealed over plan violations, it can be de-sealed only after a penalty has been deposited and an affidavit has been submitted. “The violations have to be corrected as well, but what has been observed is that property dealers sell these properties to buyers who are not aware about the violations and legal issues. When we take action, these buyers submit pleas that they were ignorant of the matter but these arguments don’t hold legally,” said Bhath, adding that it was to avoid these issues that they have decided to conduct regular inspections and prevent sale of properties with such violations.
{{/usCountry}}DTCP officials said that when a house is sealed over plan violations, it can be de-sealed only after a penalty has been deposited and an affidavit has been submitted. “The violations have to be corrected as well, but what has been observed is that property dealers sell these properties to buyers who are not aware about the violations and legal issues. When we take action, these buyers submit pleas that they were ignorant of the matter but these arguments don’t hold legally,” said Bhath, adding that it was to avoid these issues that they have decided to conduct regular inspections and prevent sale of properties with such violations.
{{/usCountry}}DTCP officials said the reason dealers sell properties in this manner is that they want to sell units with excess construction. “When third party rights are created, it is difficult to take action and seal these properties,” he said.
The department will also regularly inspect houses whose occupation certificates have been issued, to prevent building plan violations, they added.
A revenue department official, when asked about the matter, said that they are ensuring that no property deed is registered without an NOC.
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