Punjab and Haryana High Court: In a writ petition filed by a petitioner aggrieved by a government notification (‘the notification’) whereby regarding the grant of electricity, only those allottees who have entered into power(s) of attorney or agreement(s) to sell on stamp paper or were having any registered document upto 31-07-2024, were endowed to claim, the Division Bench of Sureshwar Thakur* and Vikas Suri, JJ., allowed the petition, holding that the impugned clause in the notification was meaningless and/or redundant as it was neither based on any intelligible differentia nor did it have any nexus with the objective sought to be achieved, i.e., compounding unauthorized constructions
Background
The petitioner purchased the subject plot for constructing a house and obtained the sanctioned plan from the authorities concerned. For the purpose of construction, the petitioner took a temporary electricity connection.
Two years later, the Government Officials disconnected the temporary electricity connection of the petitioner without assigning any reason and/or without giving any opportunity to the petitioner to explain the circumstances/defect, if any. She was tenably disentitled from continuing with the temporary electricity connection or from making the said temporary connection permanent. Subsequently, the petitioner approached the authorities for the installation of the permanent electricity connection and even paid the requisite fees. However, no action was taken by the State.
For the purpose of dealing with unauthorized colonies, State Government had enacted the Punjab Laws (Special Provisions) Act, 2013 (‘the Act’) was enacted. Under Section 9 of the Act, notifications were issued for compounding of the unauthorized colonies and for regularization of the plots and building(s) falling within such colonies.
Thereafter, a government notification (‘the notification’) was issued wherein impugned clause stated that any person who up to 31-07-2024, for an area up to 500 square yards, situated in an unauthorized has entered into a power of attorney or agreement to sell on stamp paper or having any registered document concerning the title of the land shall be entitled to get registration of such plot executed before a Registrar, Sub Registrar or Joint Sub-Registrar from 1-12-2024 to 28-02-2025 without obtaining a No Objection Certificate (‘NOC’) from the competent authority.
The petitioner contended that the clause debarred the bona fide purchasers who had acquired a valid right, title and interest over the subject plot prior to 31-07-2024 by obtaining the requisite NOC. Therefore, it was contended that the cut-off date was discriminatory as it abridges the rights of those plot holders who had previously made valid purchases of the subject plots and had subsequently legally constructed residential houses. The said restriction was contended to debar the bona fide purchasers who prior to the stipulated date thus had acquired a valid right, title and interest over the subject plot rather from obtaining the requisite NOC.
Aggrieved by the same, the petitioner approached the Punjab State Power Corporation Ltd., but to no avail.
Hence, the present writ petition was filed seeking quashing of the impugned clause.
Analysis
The Court noted that when neither the execution of the sale deed nor the sanction of the building plan of the suit property are disputed, there was no requirement to re-register the plot with the Sub Registrar concerned. Even if assumingly, there was any requirement for rescinding the previous registration, the power to rescind the previously executed deed of conveyance was vested in the Civil Court concerned.
The Court stated that the necessity imposed on the plot holders to re-execute registered deeds of conveyance despite possessing validly executed registered deeds of conveyance, ipso facto exhibited that the previous deeds were annulled without having any power vested in the authority concerned. There was no requirement for re-registration of the plots concerned.
The Court stated that consequently, the prescription of the cut-off date snatches or truncates the rights of those owners who had previously acquired a perfect title over the disputed plots and yet were led to re-register the plots within the cut-off date. Moreover, those plot owners also became precluded from 01-12-2024 to 28-02-2025 for raising further constructions and obtaining NOCs for the provision of basic amenities to their dwelling houses.
Thus, the Court held that the cut-off date was meaningless and/or redundant as it was neither based on any intelligible differentia nor did it have any nexus with the objective sought to be achieved, i.e., compounding unauthorized constructions. The Court added that the said date may have some sound legal effect, but only with respect to the unauthorized constructions raised in unauthorized colonies or invalidly executed registered conveyance deeds. Thus, since in the present facts since there was a validly executed registered conveyance deed and construction over the subject plot, the cut-off date was arbitrary and discriminatory. Accordingly, the Court read down the notification to such extent.
Consequently, the present petition was allowed, and the impugned clause was quashed. The Court also directed the State to release all the basic amenities for the subject plot as they are included in the fundamental right to life enshrined under Article 21 of the Constitution. Accordingly, the State was directed to release the permanent electricity connection to the petitioner’s house.
[Jaishree Bagga v. State of Punjab, 2025 SCC OnLine P&H 2159, decided on 03-04-2025]
*Order authored by Justice Sureshwar Thakur
Advocates who appeared in this case :
For the petitioner: K.S. Dadwal
For the respondents: Sr. DAG of Punjab Maninder Singh and H.S. Baidwan
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