The High Court of Karnataka has directed the State government to expeditiously appoint chairperson and members to Karnataka Real Estate Appellate Tribunal (KREAT), which has become non-functional due to these vacant posts.
Also, the court pointed out that plethora of cases, which are actually to be filed before the KREAT against the decision of the Karnataka Real Estate Authority (RERA), are being filed before the High Court as KREAT has become non-functional from past few months.
Justice M. Nagaprasanna issued the direction on a petition filed in January 2024 by Mathew Thomas of Bengaluru.
Huge pendency
There are huge number of cases pending before the High Court only on the score that the KREAT is not functioning, the court said.
Meanwhile, State Advocate General has assured the court that appointments to the posts of chairperson and members would be completed within three months.
As it was pointed out to the court that a member of the RERA would be retiring in April, Justice Nagaprasanna directed that the State government, without brooking any delay, should initiate process of identifying and appointing the member to the ensuing vacancy, who would assume the charge immediately after the retirement of the member so that there should not be any vacuum or else even those petitioners also start coming before High Court.
Pending for a year
It has been pointed out in the petition that an appeal, filed before the KREAT by a promoter of a project against a decision of the RERA in favour of the petitioner, has been pending before the KREAT from almost a year. The petitioner has said that the government has failed to fill up vacant posts under the provisions of the Real Estate (Regulation and Development) Act, 2016 despite a representation given by the petitioner in this regard.
