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The Punjab and Haryana High Court Tuesday sought greater clarity on a Public Interest Litigation (PIL) that accuses a resident of Rajpura in Punjab’s Patiala of developing an unauthorised colony in alleged connivance with municipal and revenue officials.
According to the petition, the executive officer of the Rajpura Municipal Council had, on February 24, 2024, warned Sushil Kumar against illegal plotting, and asked the tehsildar not to register sale deeds on the land. Yet the same officer issued two No Objection Certificates (NOCs) on October 7 and October 29, 2024, declaring that the land lay within municipal limits and did not fall in an unauthorised area.
Relying on these NOCs, the tehsildar allegedly registered 18 sale deeds between October and December 2024. RTI replies annexed with the PIL state that no record exists of any colony approval, Change of Land Use (CLU) clearance or public amenity space reservation for the project.
The petition seeks quashing of the two NOCs, a declaration that the 18 sale deeds are null and void, a bar on further registration or construction, departmental and criminal action against the executive officer and the tehsildar, an FIR against Sushil Kumar, and directions to the state to frame a plan to protect buyers.
CJ Nagu asked Advocate Manik Makkar, appearing for petitioners Pawan Kumar and Pawan Mukhija, to identify the exact section of law under which an unauthorised colony could be halted or its sale deeds invalidated. “What is the relevant Act? Which provision? Where is the remedy?” the bench asked.
Additional Advocate General Salil Sabhlok, appearing for the state, termed the PIL a proxy litigation filed on behalf of plot buyers who were avoiding the statutory remedies available to them.
The petitioner’s counsel has been granted time to return prepared with the relevant provisions on the next date of hearing.
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