Thousands of unlicensed colonies have sprung up in the state
of Punjab from last seven to eight years and many people have become sufferers
after the purchase of properties in such colonies. The government stated that
they along with people were fooled by registering sale deeds of plots in many
such colonies.
Here is an explainer on how these
illegal colonies have grown across the state and if there is any solution to
the same.
The total number of illegal colonies in Punjab
Sources reveal that the state government
has conducted an informal survey in the Punjab Urban Development Authority
(PUDA) on the extent of unauthorized colonies around six- seven years ago.
Brahm Shanker Jimpa, Punjab Revenue Minister said that an estimate of
12,000-13,000 illegal colonies exist in the state of Punjab. “The formal number
could be less as the departments that are responsible to prevent of such
colonies keep the count down,” said a senior PUDA officer.
Why are these unauthorized colonies coming up in the state?
The government bodies, including
the Department of Housing and Urban Development, Improvement Trusts, which have
various organizations under it such as Greater Ludhiana Area Development
Authority (GALDA), Punjab Urban Development Authority (PUDA), Bathinda
Development Authority (BDA), Amritsar Development Authority (ADA), Greater
Mohali Area Development Authority (GMADA), Patiala Development Authority (PDA),
Jalandhar Development Authority (JDA) are developing a small number of
authorized or licensed colonies against the actual requirement. This comes as
an open invitation to the private colonizers who start building illegal
colonies to aid rapid urbanization.
What are these colonies/ who are responsible for it?
Apart from the government
colonies, there are many authorized colonies which are carved out by the
private bodies following all the set norms by the Housing and Urban Development
Department.
Illegal, unauthorized or
unlicensed colonies are those which are constructed by the private colonizers
without following any norms of providing basic infrastructure to the plot
holders. These developers do not hold any license to sell out the plots but are
doing it illegally. Political leaders who are developing illegal colonies and
are pressurizing the government officials for registering sale deeds,
government officials who put their money in such colonies should be held
responsible for this menace. Instead for solving this problem, all the people
are passing blame onto each other.
Why are sale deeds taking place when the colonies are not licensed?
Under the special schemes in the
year 2013 and 2018, the government tried to facilitate developers and plot
holders by trying to regularize these colonies in exchange of certain fee to
thee government in the name of basic amenities. However, even after this many
developer did not apply for regularization of their colonies and more such
colonies grew up even after this step was taken. Now, the government has
decided to demolish these colonies, buildings and has lodges FIRs against such
developers.
Why is NOC required?
The government has now put up a
condition that an NOC will be required from a competent authority to sell plots
in any illegal colony. In the corporation limits, NOC is provided by the
committees’ authority and outside this NOC is provided by Punjab Urban
Development Authority (PUDA), its sister bodies. If PUDA doesn’t exist the
Additional Deputy Commissioner, Urban Development carries out this work.
Guidelines to be followed by registrars and tehsildars/what happens if
sale deed is registered without NOC?
To regularize the unlicensed colonies, the Punjab Apartment
and Property Regulation Act (PAPRA) was enacted by the government of Punjab in
1995 after in 2014 an amendment was made. This act states that no registrar or
sub-registrar shall register any sale deed, which is not licensed from a
competent authority.
“In 2018, the revenue department issued guidelines that an
updated list of unauthorized colonies will be provided by the department of
Housing & Urban Development and Department of Local Govt with NOC for
registering sale deeds. But the letter was withdrawn in December 2019 saying
that no requirement of NOC for property registration which was challenged in
the Punjab and Haryana High Court in 2021,” said Sukhcharan Singh Channi,
General secretary, Tehsildar Association Punjab, adding to this the Financial
Commissioner Punjab passed a detailed speaking order on 22 November, 2021 in
compliance with court order dated 3 August, 2021.
Is there any solution to this problem?
As on one side PUDA and other
sister organizations need to develop more authorized colonies to sustain the
rapidly growing population, on the other side there is need of strong policies
to fight against these illegal constructions.
Ajoy Kumar Sinha, IAS, Principal
Secretory of Housing and Urban Development in Punjab stated that there are approximately
12K-13K illegally constructed colonies out of which 5500 are under PUDA and
remaining comes under the corporation.
The state government made a
policy on 19 March 2018 which stated that any building made before this date
which comply with the guidelines of government should be regularized. A post of
ADC, Urban Development has also been created in the cities not having PUDA
offices, so that action can be taken against the illegally constructed
colonies.
The names of all the legally constructed colonies will be
put up on the website of Housing and Urban Development of Punjab, so that no
person has to be a victim of this problem again.
Ajoy Kumar Sinha, IAS, Principal
Secretory of Housing and Urban Development in Punjab said that an FIR will be
lodged against all those who are involved in the illegal construction of
colonies and strict action will be taken against them, so that the menace does
not take place in future.
The question that rises is that
whether this will just remain in papers or any step will be taken against it.
Also, the matter of concern is
that what will the government do for the people residing in these colonies.