Last Updated on July 2, 2022 by Satish Mishra
Now that you have got order from RERA Punjab Authority but still clueless what to do next. Then this post will guide you what follows after you have won the case from Punjab Real Estate Regulatory Authority be it refund, interest or compensation.
I know it is complex and time consuming but that’s a part of Indian laws. So if you don’t get it, please feel free to engage a RERA Punjab lawyer in Chandigarh Panchkula Mohali Zirakpur Kharar Derabassi.
Remember there are no free lunches and every service comes at a fee, so be ready to pay it. Else please carry on with Do it yourself (DIY) attitude.
Also Read- What If Builder Doesn’t Comply With Rera Orders?
Go to this link of Revenue Department of Punjab where you will read the entire literature about the recovery process mechanism in Punjab for arrears of land revenue. Here’s the link- t.ly/_DSdA
See Section 67 of Punjab Land Revenue Act, 1887 for ready reference.
- Processes for recovery of arrears: – Subject to the other provisions of this Act,
an arrear of land-revenue may be recovered by any one or more of the following
processes, namely: –
(a) by service of writ of demand on the defaulter;
(b) by arrest and detention of his person;
(c) by distress and sale of his movable property and uncut or ungathered crops;
(d) by transfer of the holding in respect of which the arrear is due;
(e) by attachment of the estate or holding in respect of which the arrear is due;
(f) by annulment of the assessment of that estate or holding;
(g) by sale of that estate or holding;
(h) by proceeding against other immovable property of the defaulter;
Follow the image below which clearly explains the process in further detail:
Once the Recovery Certificate is issued by the RERA Punjab Authority, then further process follows:
1 The Recovery Certificate (RC) gets forwarded to DC (Deputy Collector) of the jurisdiction where property of builder is situated which then gets forwarded to Tehsildar.
2 Tehsildar concerned issues “Writ of Demand” and sends notices to promoter-builder for payment of money.
3 If the defaulter builder is unable to pay within specified time period given by Tehsildar, then any of the above actions stipulated u/s 67 of Punjab Land Revenue Act, 1887 can be taken by the Tehsildar.
4 If the builder pays then end of the story. Matter finishes.
Also Read- Arrest in RERA Executions Punjab Haryana Authority
But why it takes so much time? Welcome to India my friend again. Things go at this pace only, especially Punjab. So have patience and pursue on your own in Tehsil with the officials concerned. Since the builders are closely connected with Tehsil officials, they choose to derail the process so that the fruits of your decree are delayed. We even lawyers cannot pressurize these individuals but being a consumer, you can follow up and make them held responsible for delay. So at tehsil level, best is to pursue yourself.
Still in case, the people are adamant and nobody is bothered, then time to go to High Court.
For such officials Punjab and Haryana High Court Chandigarh is ready to issue writ of mandamus. The courts will see why judicial orders are not implemented and who is the person behind the delay. Yes, it takes time and money but that is your call whether to pursue it or not. Don’t be a cry baby and blame it on the advocate.
Always remember- THIS WAS YOUR LAST CHANCE ELSE THERE WAS NO OPTION OTHER THAN LEGAL FOR YOU.
Also Read- Execution of RERA Panchkula Orders
So I welcome thought of sensible clients who do understand the limitations of our judicial system and unnecessarily whine all day about their cases or apathy. This spreads negativity all around.
For all those optimistic ones, in case of any query on the subject matter, please feel free to connect on 99888-17966. For others, please excuse me.
Acts Referred-
1 Punjab Land Revenue Act, 1887
2 Revenue Recovery Act, 1890.
3 All Acts applicable to State of Punjab- t.ly/yH8p
