JAISHREE BAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, thus seeking the quashing of clause 2.0, embodied in the notification dtd. 25/11/2024 (Annexure P-10), which was endorsed vide letter dtd. 4/12/2024 (Annexure P-11), regarding the grant of electricity connection in an unauthorized colony, wherebys only upto 31st of July 2024, vis-a-vis those allottees who have entered into power(s) of attorney or agreement(s) to sell on stamp paper or were having any registered document, thus became endowed the entitlement to obtain registrations from the Registrar or Sub-Registrar, or Joint Sub Registrar, thus from 1/12/2024 to 28/2/2025, whereupon there was no necessity of obtaining No Objection Certificate (NOC) from the competent authority of the Department of Housing and Urban Development Punjab.

(2.) The said restriction is 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. Therefore, it is contended that the apposite cut off, date is discriminatory besides abridges or snatches the rights of those plot holders, who had made valid purchases of the subject plots and had subsequently legally constructed residential houses, prior to (supra) dates nor the said cut off date is based upon any intelligible differentia nor has any rationale nexus with the object(s) sought to be achieved. Therefore, through the fixing of the cut off date, they become disabled to obtain the NOCs for the relevant purposes.

(3.) The brief facts of the case are that the petitioner purchased 11 marlas land, situated in Silvar Estate, Street No.1, Opposite resident of Raj Kumar, on Bajwara Bypass, village Bajwara, District Hoshiarpur. Since the petitioner has purchased the aforesaid land for the purpose of constructing a house and accordingly the petitioner obtained the apposite sanctioned plan, thus from the authorities concerned. As per the building plan, the covered area was 316 Sq. ft. and the rest of the area was kept open.