PANCHMAL PROPERTIES A PROPRIETORSHIP Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ appeal bearing WA.No.3789/2019 has been filed being aggrieved by the order dated 20.8.2019 passed by the learned Single Judge in WP.No.25211/2018 between M/s Panchmal Properties and Union of India and Others.

(2.) The facts of the case in WA.No.3789/2019 reveal that the appellant before this Court, who is a promoter of a mixed development Real Estate Project, namely Green Gates , situated at Padavu village, Mangaluru, has filed WP.No.25211/2018 praying for issuance of writ of mandamus directing the State of Karnataka to establish Real Estate Regulatory Authority and Real Estate Appellate Tribunal, as provided under Section 20(1) and Section 43(1) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as Act of 2016 ). The appellant has also made a prayer for issuance of a writ of certiorari to strike down Rule 18(8) and 31(9) of the Karnataka Real Estate (Regulation and Development) Rules, 2017, (hereinafter referred to Rules of 2017) as ultra vires. A prayer was also made for quashment of the order dated 11.5.2018 passed by the Interim Authority constituted under the Rules of 2017.

(3.) The appellant herein, who is the petitioner in the writ petitioner (hereinafter referred to as the appellant for the sake of convenience) has stated before this Court that Act of 2016 came into force vide gazette notification dated 26.4.2016 and as per Section 20(1) of the Act of 2016, it was incumbent upon the State Government to establish an authority within a period of one year from the date of coming into force of the Act of 2016 viz., Real Estate Regulatory Authority. The Act of 2016 also provided that until a Regulatory Authority is established, the State Government shall, by an order, designate any Regulatory Authority or any Officer preferably the Secretary of the Department of Housing, as Regulatory Authority for the purposes under the Act.