Precious Kashmir Exclusive: After RERA, J&K begins process to set up Real Estates Appellate Tribunal

By: Ibni Maqbool

Srinagar: After setting the ball rolling for constitution of the Real Estates Regulatory Authority (RERA) in J&K, the administration has started the process to appoint members of the Real Estates Appellate Tribunal(REAT) in the Union Territory. The establishment of both these bodies is aimed at regulating real estate business in J&K UT.

The Housing & Urban Development Department has initiated the process for appointment of judicial member and technical or administrative member of REAT.

According to condition governing appointment of the judicial member, he/she shall have held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian legal service and has held the post of additional secretary of that service or any equivalent post, or has been an advocate for at least 20 with years experience in dealing with real estate matters.

The person to be appointed as technical or administrative member shall be well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least 20 years in the field or who has held the post in the central government, or a state government equivalent to the post of additional secretary to the government of India or an equivalent post in the central government or an equivalent post in the state government.

The members of the Appellate Tribunal shall be appointed by the government on the recommendations of a selection committee consisting of the Chief Justice of Jammu & Kashmir High Court or his nominee, the secretary of the department dealing with Housing and the Law Secretary.

Before appointing any person as a member, the UT Government shall satisfy itself that the person does not have any such financial or other interest, as is likely to prejudicially affect his functions as such member.

The Tribunal will be headed by a person who has been a judge of the High Court, who shall be appointed by the UT government in consultation with the Chief Justice of High Court or his nominee.

On February 15, this newspaper had exclusively reported that the government has set the ball rolling for the constitution of the Real Estates Regulatory Authority in Jammu and Kashmir.

The RERA adjudicates disputes related to real-estate projects while REAT can examine the legality of orders passed by the RERA and decide whether to uphold or overturn them.

Both these bodies are constituted under The Real Estate (Regulation and Development) Act, 2016” and “The J&K Real Estate (Regulation and Development) Rules, 2020”.

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