Mar 21, 2025 10:16 AM IST
While acting on the public interest litigation filed by one Prem Prakash, a resident of Ludhiana, the court sought response from the state government by April 24 and further directed the authorities to ensure compliance with Section 20 (3) of the Punjab Apartment and Property Regulation Act, 1995
In a setback to regularisation of illegal colonies, the Punjab and Haryana high court (HC) has directed the Punjab government to ensure that property registration is done after the parties involved produce a no-objection certificate (NOC) from the competent authority.
While acting on the public interest litigation filed by one Prem Prakash, a resident of Ludhiana, the bench of chief justice Sheel Nagu and justice Sumeet Goel sought response from the state government by April 24 and further directed the authorities to ensure compliance with Section 20 (3) of the Punjab Apartment and Property Regulation Act, 1995, by enquiring into validity of the licence issued to any person, which in any case is based on no-objection certificate issued by the department of housing and urban development.
Section 20 bars the authority from registering the sale deed of any plot situated in an unauthorised colony. However, the state government enacted the Punjab Apartment and Property Regulation (Amendment) Act, 2024 by saying that in case there is any agreement or power of attorney or similar document executed between the parties till July 31, 2024 for a plot measuring up to 500 square yards, the sale deed shall be registered by the registering authority even when the said plot is situated in an unauthorised colony.
“The amendment in the Act is in complete violation of the principal Act of 1995. … the legislature, by way of amendment, is trying to promote unauthorised colonies in the state. In case the same is allowed, it will violate the very object of principal Act,” the plea stated, adding that in 2018 and 2021, the government made similar attempts but thwarted by the courts.
“Because of this liberal attitude of the state government in favour of unauthorised colonies, as a matter of fact for instance from Zirakpur till Derabassi, there are big traffic jams and similar is the situation in the complete state of Punjab, particularly in the cities like Ludhiana, Amritsar and Jalandhar. Therefore, for the better future development of the state the uttermost requirement is to curb these unauthorised colonies which are increasing..,” the plea read.
The petition says that 2024 amendment is ultra vire and hence be quashed. It also seeks directions to implement provisions of 1995 Act in letter and spirit and not to allow any sale deed without an NOC. It further sought demolition of illegal colonies which came up after 2018 notification of relaxation of rules with regard to registration of properties also.
