Hindustan Times (Bathinda)

Regularisa­tion of illegal plots: Easier said than done

- Munieshwer A Sagar munieshwer.sagar@hindustant­imes.com ■ ■

MOHALI: Special developmen­t agencies under the housing department and municipali­ties across the state have started the process of regularisi­ng illegal colonies and plots as per the latest policy for regularisa­tion of unuathoris­ed colonies.

Several issues are cropping up as the officials set in to implement the policy. Independen­t regularisa­tion of a colony and plots therein is throwing major conflict of opinions among officials. While the regularisa­tion policy dated April this year made mandatory the regularisa­tion of an illegal colony before plots in it could be regularise­d, the new policy, overruling this, has allowed regularisa­tion of plots and colonies independen­t of each other. So, for instance, as per the Section 13.3, no electricit­y connection can be given to a colony the coloniser of which hasn’t applied for regularisa­tion.

But, in such a case, the owner of a regularise­d plot should be entitled to an electricit­y connection. Section 13.3 gets violated the moment plots are regularise­d. Also, plots in colonies falling in the industrial zone can be regularise­d after taking no-objection certificat­e (NOC) from Punjab Pollution Control Board (PPCB) subject to the condition that 25% of the plots of the colony shall be built up. It is very difficult for the PPCB officials to ascertain whether a colony fulfill this condition or not in case the coloniser of the colony hasn’t applied for regularisa­tion.

Officials are also jostling with issues of compatibil­ity of provisions of the new regularisa­tion policy and other prevailing laws like Punjab Regional and Town Planning and Developmen­t Act (PRTPD), Punjab Apartment and Property Regulation Act (PAPRA), and Real Estate (Regulation and Developmen­t) Act (RERA).

ILLEGAL COLONIES AND RERA

The RERA provides for an overarchin­g legal framework for the regulation of the real estate sector. The mainstay of the Act is the establishm­ent of a real estate regulatory authority in a state. Such an authority is already operationa­l in Punjab. Developer of every ongoing and new project has to register with the authority after it gets the requisite approvals and clearances from the state government. The developer also has to comply with the mandatory commitment­s made under the act, like providing internal developmen­ts in a project, timely delivery of possession, maintainin­g sanctity of sanctioned layout plans, etc.

The current policy for regularisa­tion of illegal colonies makes it compulsory on the coloniser of a regularise­d colony to register the project with the state RERA, if applicable. As none of these have obtained completion certificat­e, and so even when regularise­d must register with the authority.

“There are many complicati­ons that come up in this scenario. First being, whether a coloniser will regularise his colony and be willing to come under the ambit of the stringent RERA. Also, as plots and colony can be regularise­d independen­tly, what happens when the colony isn’t registered with RERA but the plot owners submits his applicatio­n for regularisa­tion,” asks a senior official of the GMADA on the condition of anonymity.

The new regularisa­tion policy absolves the coloniser from the responsibi­lity of internal developmen­t of a regularise­d colony. But, under the RERA, the developer or coloniser is accountabl­e for providing the same. “So, in this case will the RERA enforce colonisers responsibi­lity or not?” asks the official.

REGULARISA­TION AND MASTER PLANS

Master plans have been given highest sanctity under the PRTPD Act and any change in an approved master plan requires approval of the Punjab Regional Town Planning and Developmen­t Board.

By their very nature, the illegal colonies in many cases are developed in contravent­ion of the PRTPD Act and violate master plans in most locations across the state.

Under the new policy, any illegal colony, developed in contravent­ion of the master plan, before April 1, 2013 can be regularise­d. But, in such cases, the approval of the PRTPD board should be taken. “The regularisa­tion policy doesn’t empower the developmen­t agencies to amend the master plans, that power rests solely with the PRTPD board. What happens when a illegal colony has come up on master plan sector roads, or in a designated industrial zone?

Now, whether PRTPD approval will be taken in each case is still being debated among senior housing department officers,” says the official.

The issue gets further complicate­d in case of such a colony is not regularise­d but a plot owner submits for regularisa­tion.

 ?? HT PHOTO ?? The new regularisa­tion policy absolves the coloniser from the responsibi­lity of internal developmen­t of a regularise­d colony. But, under the RERA, the developer or coloniser is accountabl­e for providing the same.
HT PHOTO The new regularisa­tion policy absolves the coloniser from the responsibi­lity of internal developmen­t of a regularise­d colony. But, under the RERA, the developer or coloniser is accountabl­e for providing the same.

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