High Court urges swift appointment of Karnataka REAT chairperson, ET RealEstate

March 25, 2024

BENGALURU: The declaration of Lok Sabha elections seems to have affected the process of appointing the Karnataka Real Estate Appellate Tribunal Chairperson, which has been vacant for the last 10 months. The learned Advocate General’s opinion on the announcement of elections is viewed as an impediment to executing orders passed by the High Court.

However, the High Court has directed the State to initiate the process of identifying and appointing a member to fill the ensuing vacancy and also the constitution of the Tribunal without any delay.

According to the petition filed in the Karnataka High Court, an appeal filed on February 2, 2023, with the RERA Tribunal was pending due to the Tribunal’s non-existence. The petitioner claimed that the Tribunal became vacant on June 2, 2023, and asserted to have addressed representations to the government seeking to fill up vacancies in the Tribunal. However, the state government has not taken any steps to fill the vacancy and make the Tribunal functional by appointing a Chairperson. It is stated that Section 22 of the Real Estate Regulatory Authority requires the state to fill in the vacancies, and the proceedings should continue from that stage itself.

“All the orders passed by the RERA are appealable under Section 44(5) of the Act, and the Appellate Tribunal is required to dispose of the said appeals within 60 days from the date of receipt of the appeal,” the petition mentioned. Due to the absence of a Chairperson, numerous petitions have been filed before the Karnataka High Court by promoters against orders passed by the Adjudicating Authority, which should have been directed to the Tribunal. Additionally, one member of RERA is set to retire in April 2024. The RERA Tribunal consists of one chairperson and two members.

However, the government failed to fill up the existing vacancy of the chairperson, and it seemed no measures were taken to fill up the vacancy arising next month. “It is needless to observe that the proceedings which have gone on since January 22, 2024, cannot be stalled on the ground that the elections are now declared. The constitution of the Tribunal is imperative, as well as filling up the vacancy of the member of the RERA so that the cases which are being filed in huge numbers before the Court would stop. It is needless to observe that the order is passed in the peculiar facts of this case, as the constitution of the Tribunal and the appointment of members to the RERA is imperative,” said the High Court and posted hearing the petition on April 15.

Karnataka Home Buyers Forum Sanchalak Dhananjaya Padmanabhachar said, “The honourable High Court has given excellent directions to the state government that the announcement of the election should not impact the proceedings of the High Court.”

  • Published On Mar 25, 2024 at 08:57 AM IST

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