P&H High Court Questions Punjab Govt Policy Allowing Regularization Of Unauthorized Constructions In Violation Of PAPR Act

The matter was brought to the High Court's notice through a petition was filed by Mohinder Pal Singh against the State of Punjab and other respondents for directions to the authorities to act in accordance with the provisions of PAPRA and to ensure that illegal colonies were not allowed to come up.

In petition filed by the petitioner in the High Court, the petitioner has alleged that land adjoining to land owned by him was sold away in the shape of unauthorized colony by carving out 60 plots, despite the fact that PAPRA Act, 1995 is applicable and in force in entire State of Punjab. It is alleged by the petitioner that municipal area is witnessing haphazard development leading to mushrooming of unauthorized colonies which has been facilitated by the unholy nexus between Municipal officials, unauthorized estate agents and promoters and local politicians.

Petitioner has further asserted that even local municipal council has resolved not to approve projects having less than 40-60 feet roads. The project seeking permission of municipal counsel is being sold to purchasers and Municipal Councils with close eyes without adhering to resolution are passing the site plans received from such purchasers resulting in mushrooming of unauthorized colonies.

The petitioner has sought directions to State Authorities not to allow carving out colonies in violation of Punjab Apartment and Property Regulation Act, 1995.

Taking note of petition, and plea of petitioner raised during arguments regarding reqularisation polices being issued by State Govt., Division Bench while passing the order asserted as under:

"Whether the policy promulgated by State Government in the year 2018 under which number of persons have taken benefit is sustainable under the provisions of Punjab Apartment and Property Regulation Act, 1995. In such situation, a question would arise if such a policy is permitted to be notified from time to time would it not be advisable to repeal the Act known as Punjab Apartment and Property Regulation Act, 1995 as the policies defeat the purpose of the Act".

Seeking response of State on the basic objective of the Act which will stand defeated with regularization policies. The Bench also gave the state counsel the liberty to seek instructions from the Punjab Chief Secretary before assisting the court on the issue.

The Punjab Apartment and Property Regulation Act, 1995 was enacted to regulate colonies, promotion of Construction, Sale, Transfer and Management of Apartments, Plots and Properties and to provide for registration of promoters and estate agents.

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