LAWS(KAR)-2023-7-480

SAMIR KUMAR BISWAS Vs. DEPUTY COMMISSIONER

Decided On July 06, 2023
Samir Kumar Biswas Appellant
V/S
DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) The short grievance of the petitioner is as to long pendency of implementation of KRERA order at the hands of the first respondent-Deputy Commissioner. Learned counsel for the petitioner submits that in a catena of decisions, this Court has prescribed a period of three months for the implementation of orders of the kind; however, the order remains unimplemented indefinitely and therefore Respondent Nos. 1 & 2 be directed to implement the same in a time bound way.

(2.) Learned AGA appearing for the respondents oppose the petition contending that Deputy Commissioners of District happen to be ex officio officers under 13 State legislations and 6 Central legislations. They shoulder enormous workload and therefore, request for prescribing timeline is not desirable. So contending he seeks dismissal of writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to accord with the submission of learned counsel appearing for the petitioner keeping in view the object of Real Estate (Regulation and Development) Act, 2016. In similar matters this court has ordinarily prescribed three months for implementation of the orders of the kind and there are no special circumstances that would place this case in a class apart.