The unauthorised colonies are mushrooming in Punjab thanks to slack laws and their tepid implementation
The crisis of planned urban development for housing in Punjab has deepened to the extent that the growth of unauthorised colonies on the private agricultural land without 'changing land use' (CLU) and necessary approvals has been unchecked for the last three decades despite the stringent law and repeated state notifications against it. These settlements often have narrow streets and no adequate civic amenities. On the other hand, the plight of the authorised colonies is not much better: the coloniser sells the plots fast in the name of the legal status of his colony at higher prices, adding the costs of development and approvals etc. But the development required for no objection and completion certificates remains elusive and the regulating authority officials remain complicit with the developer while the plot holder remains houseless.
The plot holders of both the authorised and unauthorised colonies are, thus, caught in an ordeal for development. The difference is that the government authorities may provide civic amenities in an unauthorised colony but never in an authorised colony setting its onus on the coloniser.
Just as in other states of India, in Punjab, the demand for houses has been increasing continuously since 1990 due to the rising number of nuclear families, rapid urbanisation and availability of easier housing loans. To check the cases of embezzlement and to regulate the unplanned colonisation in the state, the Punjab Government enacted the Punjab Apartment and Property Regulation Act (PAPRA) in 1995 and added rules to authorise the private colonisers set up the residential colonies legally. The rules provide for the registration and licensing of the private colonisers stating their responsibilities for development and the set procedures for handing over the colony to the local body.
In the same year, the Punjab Urban Planning and Development Authority (PUDA) was established for planned urban development by PAPRA in the state. It was empowered to register private colonisers and issue licenses for establishing colonies as per rules. To monitor the development of authorised colonies, to enforce regularisation of the existing unauthorised colonies and to contain their future growth, six regional authorities were established in 2006-07.
With the growth of unauthorised colonies never-ending, there are two types of private colonies: authorised colonies set up by the licensed developers as per the provisions of PAPRA and unauthorised colonies established in contravention of the provisions and rules of PAPRA. According to an estimate, the number of illegal colonies which was 5340 in 2013, is now said to be about 15000; while the authorised colonies are only about 500.
The crisis of urban development is, therefore, twofold: Firstly, to register the authorized residential colonies and strictly monitor time-bound development delivery there; secondly, to firmly prevent unauthorized colonies and enforce regularisation of the existing unauthorised colonies with no further relaxation. But, ironically enough, the development in the authorised colonies is not strictly monitored and the relaxations for the unauthorised colonies are granted.
Instead of enforcing the law to punish the offenders, the repeated schemes for regularisation of the illegal colonies with very low compliance reveal the softness of the lawmakers and regulating officials toward the colonisers. In such circumstances, the colonisers are encouraged to set up new unauthorised colonies.
Most colonisers avoid the paperwork and payment of fees for registration, licensing, CLU (change in land use), NOCs (no objection certificates) and other approvals; they shirk legal responsibility for development and income tax returns etc. They just buy land, sell plots, earn profits and leave. To set up an authorised colony a coloniser needs to register, obtain a licence, authenticate land ownership, CLU for the proposed land, approvals of plans and submit an undertaking to develop civic amenities and infrastructure and hand over the colony to the local body after No Objection Certificate from the concerned authorities. All this adds to the price of the plot resulting in a gap between the prices of the plots in the authorised and unauthorised colonies.
The price variation encourages a buyer to buy a plot in an unauthorised colony, while the easy and cost-cutting course and the softness of the law enforcing agencies encourage the coloniser to set up an unauthorised colony. Both the plot holder and the coloniser understand that the civic amenities will be provided by the government departments later or sooner, while they can evade the legal requirement of house plan, zoning plan colony plan approvals etc. Both of them understand that there is the law; the colonies are both legal and illegal; but enforcement of the law is ineffective.
(The writer is retired professor, Guru Nanak Dev University, Amritsar and a member, the governing council, INTACH; views are personal)