Private developers too showing scant regard for Act
No compliance of several communications of H&UDD
Mohinder Verma
JAMMU, Oct 30: Even more than 10 months after the formal establishment of Jammu and Kashmir Real Estate Regulatory Authority, Jammu Development Authority (JDA), Srinagar Development Authority (SDA) and several other agencies are not coming forward to register their ongoing and new projects as per the J&K Real Estate (Regulation and Development) Rules, 2020. Moreover, several private developers are too showing scant regard for the legislation and the prevailing situation demands the Authority to act strictly against those showing non-compliance.
Vide SO dated 08.01.2024 issued by the Housing and Urban Development Department, Satish Chandra (IAS retd) was appointed as Chairperson of J&K Real Estate Regulatory Authority, which started functioning with effect from 18.01.2024.
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Vide Circular No.02-JK (HUD) dated February 2, 2024, the Housing and Urban Development Department impressed upon all Heads of the Departments under its administrative control to register and get approved all real estate projects (new and ongoing) with J&K Real Estate Regulatory Authority as early as possible.
Thereafter, vide communication dated 14.02.2024, the Housing and Urban Development Department requested all Administrative Secretaries, Heads of the Departments and Managing Directors of Public Sector Undertakings and Corporations to register all real estate projects with Authority.
“However, till date there is no compliance of these communications by several Government agencies involved in the development of real estate projects”, official sources told EXCELSIOR, adding “the most astonishing aspect is that Jammu Development Authority, Srinagar Development Authority and Housing Board, which come under the administrative control of Housing and Urban Development Department, have not initiated steps to register ongoing real estate projects with RERA thereby showing scant regard for the directives from the Administrative Secretary”.
As far as Jammu Development Authority is concerned, ongoing flatted accommodation at Muthi Phase-II, commercial complex at Muthi, Kot Bhalwal Housing Colony, Birpur and Gol Gujral Housing Colonies etc have not been registered with J&K RERA till date although being a Government entity there ought to be voluntary compliance of the Act and Rules from the Authority, sources informed.
Shehjar Apartments in Bemina area of Srinagar, Satellite Township at Rakh-Gund-Aksha also in Bemina are among several other projects of Srinagar Development Authority, which have not been registered with J&K RERA, which even conducted numerous awareness programmes about the mandatory requirement of registration of real-estate projects, sources said, adding “similar is the situation in respect of the real estate projects being executed by other agencies of the Government”.
They further said, “in several housing colonies of JDA development charges were part of the payments made by the successful bidders but till date these colonies lack even basic facilities like power & water supply, proper lanes and drains and Kot Bhalwal Housing Colony is one such example”.
“There is also non-compliance on the part of several private developers, who are carving out colonies and selling the plots in various areas particularly in Jammu and Srinagar districts but without getting the same registered with RERA”, sources disclosed, adding “colonies in Paloura, Kanger Morh, Kot Bhalwal, Nagbani, Mishriwala, Gole Gujral and on different land patches along the Ring Road are the testimonies of the non-compliance of the RERA Act and Rules”.
The Section 3(1) of the Act, which deals with prior registration of real estate project with Real Estate Regulatory Authority, states: “No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority”.
Disclosing that RERA have the powers to impose penalty or interest with regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, sources said that if any promoter contravenes the provisions of Section 3 (prior registration of real estate project), he or she shall be liable to a penalty which may extend up to 10 per cent of the estimated cost of the real estate project as determined by the Authority.
Further, if any promoter does not comply with the orders, decisions or directions or continues to violate the provisions of Section 3, he or she shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further 10 per cent of the estimated cost of the real estate project, or with both, sources added.