Illegal Colonies in Patiala
August 29 Patiala For regulating the growth of housing in Punjab ,Punjab govt in 1995 formulated PUNJAB APARTMENT AND PROPERTY
REGULATION Act (PAPRA,1995) on the pattern of Haryana and after the enactment of act, any residential, commercial or industrial development in Punjab should be subjected to PAPRA and anybody violating these should be dealt according the provisions of this act .But this act has failed to curb illegal colonies and I am listing below the reasons for the proliferation of ilegal colonies, the culprits and what should be done to curb these colonies per se:-
1. PUNJAB GOVT:-PAPRA act, 1995 stipulates that to carve an illegal colony in Punjab is crime and the culprit is punishable for 3 years RI or Rs.10000 /- fine. But this section has acted neither deterrent for the colonizers nor a tool in the hands of the govt. to stop this menace. PUDA responsibility under PAPRA is just limited to lodge the complaint(FIR) against the erring colonisers with the police authorities and be relieved. PUDA has also the powers to put up notice boards in illegal colonies declaring the colony as illegal and also PUDA can demolish the colony but till date in case of PDA,Patiala no warning board has been fixed and no colony has been demolished in the areas that come under the jurisdiction of PDA,Patiala.But all this has not stopped this very fruitful business in the state of Punjab. Apart from publishing warnings in various papers PUDA has just filed complaints with the police and never cared to check the pace of the cases filed. The Punjab govt. is the major culprit in the proliferation of illegal colonies.IN dec 2010 PAPRA act was amended and the unauthorized colony was defined and policy for compounding of illegal colonies was also framed.But PDA received not a single application from the colonizers for regularization of illegal colonies. Time and again the politicians have declared to amend PAPRA,1995 on the pattern of Haryana but have never implemented it. Haryana (as per annexure attached) has made provision in its act u/s 7 to procure NOC from Town and country planning dept in case the property is submitted before the sub-registrar for registration. Delhi govt. has also banned the registration of sale –deeds of illegal colonies ( as per annexure attached).So, to curb this menace once for all the PAPRA,1995 should be amended so that no sale-deeds of these colonies are registered. PUDA framed a procedure for regularization of illegal colonies but why has PUDA stopped to completely ban these colonies in future and the policy has also been become a damp squip as per the tribune report of Ludhiana where out of 500 illegal colonies(official figure-whereas the no of colonies are more than 1000) only 3 have applied for regularization.This policy is of no use unless and until govt ban the sale deeds of these colonies so that the promoters of these colonies come for regularization.The PSERC order facilitated by Punjab govt for giving electric connections in illegal colonies is promoting the growth of illegal colonies.
2.PUDA:- PUDA(or other development agencies like GMADA,GLADA,BDA,PDA,ADA) which was the only agency/competent authority under PAPRA,1995 till july 2010(after july the municipal commissioners and regional deputy directors of local bodies department were made the competent authority under PAPRA,1995-as per annexure attached) have never regulated the constructions outside the municipal limits .After 2005 PUDA building rules were applied to entire Punjab for the areas outside municipal limits but PUDA has failed to act on the constructions outside municipal limits.The constructions outside municipal limits go with impunity without any notice from PUDA.They have just at some places affixed the sign warning boards which are removed after sometime. In Punjab and Haryana high court a case is pending regarding illegal colonies in GMADA area where high court has asked the govt. The role of PUDA officials in these colonies but it is imaginable that these colonies cannot proliferate with the connivance of PUDA officials.
PUDA has never written to Sub registrars concerned for which they have filed the FIRs or otherwise not to register sale deeds of these illegal colonies.
PUDA has never written to district commissioners(collectors) to delete the name of illegal colonies from collector rate list.
NOW What PUDA does in case of report in media?PUDA just lodge the FIR with police and relieves itself of responsibility.BUT the sale deeds of those colonies are executed at the office of sub –registrar .So,this lodging of FIR does not stop the growth of colonies.
LOCAL BODIES DEPARTMENT:-
The various municipal corporations/committees/
councils approves the building plans in these colonies without first regularising these colonies and after approving the building plans infrastructure is laid .The various grants received by the central govt under UIDSSMT or JNNURM are used for creating infrastructure in these colonies.The department charge Rs. 200 above as development charges in these colonies.But is it legal to approve the building plan first and then lay the infrastructure in illegal colony.? The respective municipal corporations/commitees have never committed an exercise to find the boundary of these illegal colonies(as theses colonies have no boundaries and the lands in the neighbourhood of these colonies also become part of these colonies.) and as such these colonies are proliferating.I am mailing the funds made available to the state under UIDSSMT scheme(Urban innfrastructure development of small and medium towns ) and also funds under JNNURM are also being misused. .Providing infrastructure in these colonies with dense population is not bad thing but the way it is done is wrong.In case of haryana and delhi first of all the illegal colonies are regularised and then govt money is spent in providing infrastructure.
District commissioners/Revenue Secretary/Sub-Registars:-.
D.C. is collector of the respective district and whenever any colony
is approved it is sent to DC for information.
In this letter attached ,it is clearly addressed/circulated/ordered to the
Deputy commissioners (being registrars) and sub registrars not to
register sale deeds of plots below 1000 sq.yds. within municipal limits
till it is confirmed by the respective Registrars that the plot of
which sale deed is being executed lies within approved
colony.(approved by PUDA/local bodies or any other competent
The root cause of this letter needs to be examined in full depth.
a)The deputy commissioners are the respective registrars and
collectors of there respective districts.Whenever any
residential/commercial/group housing/industrial colony is approved by
the competent authority,its information is conveyed to the deputy
commissioners so that the colony name is entered in collector rate
list and the loss is not incurred to the state exchequer by way of
less stamp duty.But u will b amazed to know in entire punjab this is
not being followed and sale deeds are being executed by the name of
respective village.e.g. take the example of sunny enclave,suppose
sunny enclave lies in village named Ghalori and in collector rate list name
of sunny enclave is not entered due to laxity on part of D.C.. When
sale deed of plot at sunny enclave is being executed the name of
colony and village are mentioned but
the stamp duty is charged on the basis of the collector rate of village Ghalori not sunny enclave thus depriving the state govt of the actual stamp duty. Sukhbir –kalia commitee to garner more revenue increased the collectors rates by
10-15% but missed this crucial point. By this circular, it is circulated
to name the colony of which plot is a part, thus in a way to do away of
laxity of D.C.
b)Secondly, in collector rate list the names of colonies, villages are
mentioned with different rates according to the kind of land. The rates
of residential, commercial and agriculture lands of the respective
villages are mentioned in the rate list. But ethically, morally, legally
the sale deed of the plot outside the lal dora land of the village
where khasra nos are marked in the jamabandis should be done by the
name of colony not by the name of village because plot is a part of
colony.But this is not
adhered to and sale deeds are executed by putting the names of the
villages,thus causing loss to state exchequer and giving a boost to
illegal colonisation. This practice should be done away with.
c)Thirdly, this circular refers to municipal limits whereas outside
municipal limits same practice is being observed.So, this letter
should be applied to outside municipal limits also.
Also presuming the collector rate list to be a legal document .Can Collector rate list present in every tehsil mention the names of illegal colonies? Technically the collector rate
list cannot mention the name of illegal colonies.
As the circular issued by revenue department of Punjab is not being followed,the revenue secretary is also responsible for the same.
PSPCL is issuing electric connections in these colonies but in case of PUDA approved colonies there are lot of legalities to be followed and lot of fee is to be deposited with PSPCL.But in case of illegal colony nothing is to be done.Thus in a way penalizing the right person.
If any real estate development is taking place on any road be it state highway,sector road,main district road or any other road,the access to road permission to the real estate development should be taken from Punjab PWD (NHAI in case of national highways) and the requisite fee and procedure should be adopted, In case permission is not taken then it is the responsibility of PWD to close the illegally carved passage but PWD is silent and has never acted upon.
In Punjab land along national highways,state highways (part of ROW) is vested with forest department and If any real estate development is taking place on any of these roads when the access to road permission to the real estate development is applied to PWD,PWD department soughts NOC from forest department in respect of the trees coming in the access.So,the promoter has to apply before the forest department for NOC. In case NOC is not taken then it is the responsibility of forest department to close the illegally carved passage and do wiring of the passage but the department is silent and has seldom acted upon.
PUNJAB POLLUTION CONTROL BOARD(PPCB):-
Any real estate development should get environmental clearance from PPCB regarding such project and In case the clearance is not taken then it is the responsibility of PPCB to check but the department is silent and has never acted upon.
LOSS to the state exchequer
Last but not least the loss accruing to State govt in monetary terms in case of illegal colonies is huge.take the example of Patiala.According to housing policy dated 22 june 2010(file attached) Patiala being in medium potential zone-1 and 2 every acre enjoys EDC (extenal development charges) of Rs.12lacs and10 lacs, conversion fee varying from 1.01 lac -2.99 lac and license fee of 1.20 lac and 1.00 lac which is direct loss to state govt .This EDC is transferred to MC in case colony lies in municipal limits.So,MC is direct loser in monetary terms besides the cost of infrastructure MC lays in these colonies.It is easily imaginable how much loss is accruing to the state exchequer on daily basis till the time these colonies are not stopped.
These colonies are coming in the way of planned urban development of the cities as the the master plans and creating urban slums like situations.
After the notification of master plans the real estate development should go according to master plan but these illegal colonies are violating the master plan provisions and pushing back the cities to the phase when master plans were not in operation.PUDA and MC are responsible for violations of master plans as both of these are enforcement agencies within there respective jurisdiction.
1.PAPRA should be amended on the pattern of Haryana asap.
2.BE it illegal colony,building bye-laws violations in municipal limits and outside municipal limits,encroachments on govt lands,constructions made without getting CLU,bureaucratic corruption,political interferences,traffic problems etc.,There is is one step which can put an end to all this.Electricity is the need of the hour and anything on earth cannot work without electricity. There is a provision of COMPLETION CERTIFICATE and OCCUPATION CERTIFICATE in municipalities and PUDA which according to established laws is mandatory but not being followed.Now,what the govt can do .the govt can make this rule that for any electricity connection within municipal limits,the completion and occupation certificate is must.Also outside the municipal limits it should be made mandatory to get the completion and the occupation certificate from PUDA and then release the connection.AND it should be mandated that any construction after the issuance of completion certificate is liable to be demolished and will not be componded and the builing plan approved will deemed to be cancelled if the owner does any violation.THis step will a long way to curb any menace on ground if made applicable.
also attached is the illegal colonies in app 40 acres in sular harinder grewal enclave against which acc to PDA complaint has been sent to Police but the sale deeds of this colony is going on thus delimiting the procedure of lodging FIR.