Basic objective of property regulation Act defeated: HC

Saurabh Malik

Tribune News Service

Chandigarh, February 22

Just over five months after the Punjab and Haryana High Court asserted that it was inexplicable how the Punjab Government was allowing unauthorised constructions to be regularised, a Division Bench today asserted the question for the state to consider was repealing the Punjab Apartment and Property Regulation Act (PAPRA).

Holding that the basic objective of the Act stood defeated with regularisation 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 Bench, during the course of hearing, was told that a policy dated October 18, 2019, allowed regularisation of unauthorised colonies/construction. As the case came up for rehearing, the Bench of Justice Rajan Gupta and Justice Karamjit Singh asserted the court was required to be assisted on the issue whether the policy promulgated by state government in 2018, under which a number of persons had taken benefit, was sustainable under the provisions of PAPRA.

“In such a 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 the Punjab Apartment and Property Regulation Act, 1995, as the policies defeat its purpose,” the Bench asserted.

The Act, among other things, was enacted to regulate colonies and property transactions, and to provide for registration of promoters and estate agents. The matter was brought to the High Court’s notice after a petition was filed by Mohinder Pal Singh against the state of Punjab and other respondents for directions the authorities to act in accordance with the provisions of PAPRA and to ensure that illegal colonies were not allowed to come up.

The counsel for the petitioner submitted any promoter desiring to develop land into a colony was required to seek prior permission from the competent authority as per of the provisions of the Act. An application was later filed by the applicant/petitioner-in-person to withdraw the writ petition, but the Bench made it clear that the prayer for withdrawal would be considered only after the affidavit was filed by the state counsel.

Papra deals with regulating colonies

• The Punjab Apartment and Property Regulation Act (PAPRA) was enacted to regulate colonies and property transactions, and to provide for registration of promoters and estate agents
• The matter was brought to the HC notice after 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

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