Process initiated more than one year back remains incomplete
H&UDD prefers adhoc arrangement over compliance of Act, Rules
Mohinder Verma
JAMMU, May 25: Appointment of Chairperson and Members of the Real Estate Regulatory Authority (RERA) for the Union Territory of Jammu and Kashmir is least priority for the Government as the process initiated in this regard more than one year back has remained incomplete. Similar is the fate of setting up of Real Estate Appellate Tribunal, which too is an important authority for regulation and promotion of this fast growing sector.
The Parliament in the month of March 2016 enacted the Real Estate (Regulation and Development) Act for regulation and promotion of real estate sector and to ensure sale of real estate projects in an efficient and transparent manner and to protect the interest of consumers.
The Section 84(1) of the Act confers powers on the Governments of States and Union Territories to frame Rules to carry out the implementation of law. In exercise of this power, the Government of Union Territory of Jammu and Kashmir framed J&K Real Estate (Regulation and Development) Rules, 2020 and the same were notified by the Housing and Urban Development Department on July 22, 2020.
There are provisions in the Act as well as in the Rules for establishment of Real Estate Regulatory Authority and this aspect received the attention of the Government of Union Territory of Jammu and Kashmir on February 12, 2021 when the Housing and Urban Development Department issued an advertisement notice for the appointment of Chairperson and Members of Real Estate Regulatory Authority.
It was mentioned in the notice that Chairperson and the Members of the Authority shall be appointed by the Government on the recommendation of the Selection Committee consisting of the Chief Justice of High Court or his nominee, the Administrative Secretary of the Housing and Urban Development Department and Administrative Secretary of the Department of Law, Justice and Parliamentary Affairs.
It was further mentioned that those having adequate knowledge and professional experience of at least 20 years and 15 years respectively in urban development, housing, real estate development, infrastructure, economics etc shall be eligible for applying for the post of Chairperson and Members of the Real Estate Regulatory Authority.
“In response to the advertisement notice, several applications were received by the Housing and Urban Development Department for the post of Chairperson as well as Members. However, the process has not reached the logical conclusion till date despite lapse of more than one year”, official sources told EXCELSIOR, adding “the Selection Committee met four-five times and examined the applications but no final decision was taken for the reason best known to the members of the committee and during the past few months the issue has completely been dumped”.
In the month of April 2021, the Housing and Urban Development Department had also initiated the exercise for establishment of Real Estate Appellate Tribunal as per the provisions of the Act and Rules but this has exercise too has remained incomplete for the reasons best known to the Selection Committee or those at the helm of affairs in the Housing and Urban Development Department, sources further informed.
“How the fast growing real estate sector can be regulated in a proper manner with such a casual approach towards establishment of Real Estate Regulatory Authority and Appellate Tribunal remains a million dollar question”, sources said, adding “at present nobody in the administration is in a position to specify as to when the Authority as well as Appellate Tribunal will be established for effective implementation of Act and Rules”.
As per the Act, the Authority shall, in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector, make recommendations to the Government or the competent authority on protection of interest of the allottees, promoters and real estate agents; creation of a single window system for ensuring time bound project approval and clearances for timely completion of the projects; creation of a transparent and robust grievance redressal mechanism against acts of omission and commission of the competent authorities and their officials etc.
The objective behind keeping the provision of establishing Real Estate Appellate Tribunal is to ensure that any person aggrieved by any direction or decision or order made by the Authority may prefer an appeal before the Appellate Tribunal. There is also a provision in the Act that until the establishment of an Appellate Tribunal, the Government may designate by order any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act. However, this too has not been done.
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