Ludhiana, September 30
The state government is striving hard to check unregulated growth in urban areas and area development authorities are taking action against illegal and unlicenced colonies. But, the Revenue Department continues to register sale deeds in illegal colonies while claiming that the Registration Act, 1908, being a Central Act, the department is not bound to abide by the amendment made in the Punjab Apartment and Property Regulation Act (PAPRA), 1995.
A city-based developer Gulshan Kumar said the Department of Revenue and Rehabilitation, Punjab, had issued a circular on January 24, 2018, wherein it was reiterated: “No registrar or sub-registrar appointed under the provisions of the Registration Act, 1908, shall register sale deed or any other document regarding sale of land or plot or building situated in a colony in respect of which licence has not been obtained from the competent authority.”
Again, on March 22, 2018, the Revenue Department issued another circular laying down that updated list of illegal colonies and NOC of entire colony was a pre-requisite and not the NOC of plot/property for the purpose of registration of sale deed.
However, no sub-registrar in Punjab bothered to update the list of illegal colonies within his/her respective jurisdiction.
When the state government failed to heed to the recommendation of the Revenue Commission in early 2019 to amend the Registration Act, 1908, in order to ban sale deeds, which violated any state Act, the Revenue Department took a volte face and issued a fresh notification (memo No. 24/41/14-ST1/19231-32 dated December 12, 2019) superseding all earlier notifications on the subject and practically gave a free hand to officials for registration of sale deeds in illegal colonies without NOCs.
In other words, registration of sale deeds, which was banned without no objection certificate (NOC) from the competent authority (read for illegal colonies) were opened through the notification issued on December 12, 2019.
Another property developer Saurabh Aggarwal said though the fault lied with the Revenue Department for opening flood gates for registration of sale deeds without NOC and indirectly promoting illegal colonies in the state, the government was also responsible for ignoring recommendation of the Revenue Commission of Punjab, which pleaded for an amendment in the Registration Act, 1908, (a central Act) for addition of a provision after Section 22 of the Act to empower revenue officials to refuse registration of sale deeds in unauthorised colonies.
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