ARMY WELFARE HOUSING ORGANISATION Vs. UNION OF INDIA

JUDGEMENT

(1.) All these writ petitions were filed by the Army Welfare Housing Organisation (hereinafter referred to as the "AWHO") challenging the various orders passed by the adjudicating officer of K-RERA in various complaints submitted by the occupants of the apartments constructed by the petitioners. All those orders are produced as Ext.P7 in these writ petitions.

(2.) Sri.M.Ramesh Chander, the learned Senior counsel appearing for the petitioners mainly challenges Ext.P7 orders by way of writ petition, instead of invoking the statutory remedy contemplated under Sec. 43(5) of the Real Estate (Regulation and Development) Act, (hereinafter referred to as the Act) on the ground that, the K-RERA does not have the jurisdiction to entertain the complaints in which these impugned orders are passed. The reason, according to the learned Senior Counsel, that makes the complaint without any jurisdiction is that, the project, which is the subject matter in these writ petitions, is not liable to be registered under the provisions of the Act, in view of the fact that, the project was not an ongoing project.

(3.) This contention was raised, mainly on the ground that, the occupancy certificate for the building completion was received on 21/2/2018 and Kerala Real Estate (Regulation and Development) Rules, 2018 came into force only on 14/6/2018 and thus, it was not possible for any real estate project to get registration before the date on which the Rules came into force. Therefore, it was pointed out that, it was not an ongoing project which requires registration as contemplated under proviso to Sec. 3(1) of the Kerala Real Estate (Regulation and Development) Act.