Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal

Background Facts

On 17.03.21, the Karnataka Real Estate Regulatory Authority (RERA) issued certain directions to the promoter. Aggrieved by these directions, the promoter filed an appeal with the Karnataka Real Estate Appellate Tribunal(REAT). Subsequently, the Appellate Tribunal allowed the appeal and remitted the matter back to the RERA.

On 2.09.22, RERA issued another order in the favour of the petitioner (allottee). In response, the promoter filed an appeal with the Appellate Tribunal. However, due to the absence of chairperson and members, the appeal remains pending before the Appellate Tribunal.

Consequently, the petitioner filed a writ petition in the Karnataka High Court against the pending appeal in the Appellate Tribunal.

High Court Verdict

The court observed that numerous cases that should have been filed before the REAT against decisions made by the RERA are instead being brought before the High Court, as the REAT has become non-functional.

The Court held that the State Government is contributing to the pendency of cases before the High Court by not appointing the Chairperson to the Tribunal.

The Court directed the Advocate General to ensure that appropriate steps are taken without delay to appoint the Chairperson to the Tribunal.

In conclusion, the Honorable Karnataka High Court directed the Karnataka State Government to fill vacant posts of the chairperson and members in the Real Estate Appellate Tribunal to restore its functionality.

Case: Sri Mathew Thomas V/S State of Karnataka

Citation: WP 1859 / 2024

Counsel for Petitioner: Mr. Chaitanya S G

Counsel for Respondent: K Shashi Kiran Shetty (Advocate General)

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