Revenue authorities need to enhance cooperation
*Govt bodies not yet complying with legal requirement
Mohinder Verma
JAMMU, July 6: Stepping up enforcement, the Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) has issued notices to nearly 100 developers for marketing or operating real estate projects without mandatory registration under the Real Estate (Regulation and Development) Act. However, the Government bodies like Jammu Development Authority, Srinagar Development Authority and J&K Housing Board have not yet complied with the legal requirement.
The Section 3(1) of the Real Estate Regulatory 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 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”.
As per this provision, all the private developers as well as Government bodies like Jammu Development Authority, Srinagar Development Authority, J&K Housing Board and others are required to register their not only upcoming but the ongoing real estate projects with JKRERA.
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Despite persistent efforts by JKRERA, only two projects have been registered in Jammu so far while compliance in other districts of the Union Territory remains negligible. This is particularly concerning given the rapid growth of the real estate sector across J&K, especially in the twin capital cities of Jammu and Srinagar, where a large number of residential and commercial projects are either ongoing or being planned.
Taking serious note of widespread non-compliance, the JKRERA has issued notices to nearly 100 developers for marketing or operating real estate projects without mandatory registration under the Real Estate (Regulation and Development) Act, official sources told EXCELSIOR, adding “further course of action will be decided only after receiving replies from the concerned parties and conducting hearing on a case to case basis”.
Of the nearly 100 developers, who have been served notices, around 20 are based in Srinagar while majority are concentrated in the Jammu and Samba districts. “As many more developers-though not necessarily handling large-scale projects-are still avoiding registration, JKRERA has begun gathering project-related details from Revenue authorities to initiate enforcement proceedings against them as well”, sources informed.
Disclosing that the flow of information from Revenue authorities to JKRERA remains inadequate, sources said, “in the absence of necessary details, the Authority is not in a position to proceed effectively particularly against the small developers, whose number far exceed those of large-scale promoters”. They emphasized that greater cooperation from the Revenue Department is crucial to ensure that the core objectives of the Real Estate (Regulation and Development) Act are achieved in letter and spirit.
It is pertinent to mention here that Chief Secretary reviewed the functioning of JKRERA during a high-level meeting held early last month and underscored the need for enhanced inter-departmental coordination and timely interventions to ensure full compliance with the Real Estate (Regulation and Development) Act.
Additionally, directions were issued to all concerned departments to extend full support to JKRERA, resolve coordination challenges, expedite the infrastructure setup and ensure that no real estate project is allowed to operate outside the regulatory framework.
The most disturbing aspect, sources said, is that even after the issuance of formal notices, key Government agencies such as the Jammu Development Authority (JDA), Srinagar Development Authority (SDA) and J&K Housing Board have still not come forward to register their ongoing and upcoming projects with JKRERA. This continued reluctance to comply with statutory obligations is being viewed seriously by the Authority, sources added.
The JKRERA exercises full jurisdiction over all the commercial and residential real estate projects within Jammu and Kashmir, except the projects under 500 square meters, projects with fewer than 8 apartments, projects completed before the Act’s commencement and renovation projects not involving new sale or marketing.
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