Surmukh Singh & Ors. vs State Of Punjab & Ors.

“6.

That after detailed deliberations, it has been observed that sub-section 15 of section 5 of the Punjab Apartment and Property Regulation Act 1995, as amended in 2014 provides that "When a licence is suspended or cancelled under sub-section (14), the competent authority may itself carry out or cause to be carried out the development works, and after adjusting the amount received as a result of enforcement of bank guarantee or by disposal of mortgaged property, recover such charges, as the competent authority may have to incur on the said development works from the promoter and the allottees in the manner prescribed as arrears of land revenue.

7.

That Executive Officer, Municipal Council, Banur proposed that pursuant to the cancellation of License, the development works can be carried out by the Municipal Council after taking permission of elected House of Municipal Council and the amount such spent may be recovered from the promoter as Arrear of Land Revenue as per the provisions of Land Revenue Act.

8.

That it has further been brought to notice that the criminal proceedings in FIR No.121 dated 25.09.2014 registered on the behest of Municipal Council, Banur vide Letter dated 08.05.2014 have been dismissed by the learned ACJM, SAS Nagar vide order dated 16.08.2019. An enquiry may be done by the ADC(UD) SAS Nagar that when a CWP regarding non-provision of basic amenities was pending in the Hon'ble High Court, under what circumstances the criminal proceedings initiated could not succeed and whether there is any default of any officer / official concerning the case for dismissal of the criminal case.

9.

That after detailed deliberations the Competent Authority-cum-ADC(UD) SAS Nagar has been directed to take further action as per the provisions of the Punjab Apartment and Property Regulation Act 1995 regarding the License to Develop a Colony granted under section 5 of the Act, ibid. Thereafter Executive Officer Municipal Council Banur shall take further action for provision of basic amenities in the colony as per Law and recover the amount so spent, keeping in view the financial interests of the Municipal Council.

10.

That since the promoter has executed sale deed dated 20.09.2018 and dated 21.05.2026 after the sale has been restrained by the Competent Authority, hence these sale deeds are required to be revoked. Executive Officer, Municipal Council, Banur has been directed to take-up the matter with the Competent Authority for revocation of the sale deeds by following applicable procedure established by Law.”