The Punjab and Haryana High Court has delivered a major setback to the Punjab Government by directing that no property registration should take place without obtaining a mandatory No Objection Certificate (NOC).
The court ruled that all property registrations must strictly adhere to the Punjab Apartment and Property Regulation Act, particularly Section 20C, which mandates that an NOC-based license is essential for registration.
The ruling came in response to a public interest litigation (PIL) filed by petitioner Prem Prakash through his legal counsel, Advocate Ayush Gupta. The petition challenged an amendment introduced by the Punjab Government on October 24, 2024, which permitted property registrations without requiring an NOC.
The petitioner argued that this amendment was unlawful, raising concerns over how permissions could be granted and sale deeds executed in unauthorized colonies without proper regulatory approvals.
Taking cognizance of the matter, the Chief Justice’s Bench has issued a notice to the Punjab Government, directing it to respond by April 24. Additionally, the court has instructed government officials to ensure that all issued licenses comply with the provisions of the Punjab Apartment and Property Regulation Act, 1995, particularly Section 20(3), which reinforces the necessity of an NOC.
With this ruling, the High Court has reinforced that no property registrations can proceed without obtaining the required NOC, emphasizing the need for strict regulatory compliance.
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