It may be the case with the J&K Public Service Commission, various Shrine Boards and other important Bodies, it has been usually found that in critical matters of appointment of members and Chairperson and thus making the concerned structure able to perform , the UT Government has been taking its own time and not treating the issue as important. It is , therefore, true not of various departments and even Schools only which are kept “headless” for months together but even in matters related to statutory obligations, the same approach rules high . Unless there is some development quite unfavourable as a fallout of such a policy which we can be termed akin to a crisis , things do not generally move fast.
We know, Real Estate Sector is quite varied both in volume and in extent and is doing business across the country thus susceptible to deficiency in transparency and fair dealings in usual business transactions. It used to be the biggest destination of dumping black money, ill gotten money etc which changed hands with proper ”understanding” , the modus operandi being understatement of value than the real and actual one in which the dealings could take place. Hence, some type of regulatory mechanism was increasingly felt to be introduced to ensure efficient and transparent business transactions and protection to ”consumers” hence the Real Estate Regulation Authority (RERA) Act was passed in the year 2016.
As a result thereof, Real estate Regulatory authority for the Union territory of Jammu and Kashmir not only should be in place but functioning too which warrants constituting it in the way and manner as provided for in the said RERA Act. RERA has a goal and an assigned role to ensure fair and equitable transactions between the buyer and the seller of properties in the primary market thus making the ”home buying” process much simple under the broader premise of transparency and looking to fast urban development in Jammu and Kashmir hence spurt in real estate business, the Regulatory Authority must work in the right earnest and be functional . To ensure that, it is the bounden duty of the UT Government to ensure that the mechanism and establishment of Real Estate Regulatory Authority was in tune with what the relevant Act warrants.
Jammu and Kashmir Real Estate Regulation and Development Rules , therefore, were duly notified by the concerned department of Housing and Urban Development which was duly followed by issuing an advertisement notice in respect of appointment of Chairperson and Members in respect of Real Estate Regulatory authority and thus preliminary formalities initiated . Naturally , therefore, all the pertinent information , eligibility criteria with emphasis on expertise and exposure to sheer professionalism , the manner of appointment by the Government as recommended by the Selection Committee and other requisite information were all enumerated in the said advertisement and in details but what next, is the question.
Having said that, therefore, the process for constituting the RERA was started a year back but as on date, it has not been completed, perhaps the quantum of seriousness was found wanting in regarding its application. In the same way , Real Estate Appellate Tribunal too is kept unorganised which , therefore, directly has a bearing on the interests of the customers who are prone to be facing unscrupulous dealings to their peril. The Tribunal under the Act has an adjudicating role for speedy redressing of disputes and can attend to and hear appeals and grievances that emanate from the decisions of the Regulatory Authority . So both of them combined are slated to look into protecting the interests of the consumers in the real estate sector .
Should a ”chalta hai” syndrome be the norm even in these matters resulting in the ad-hoc arrangements being made. Can it be taken , looking to no development having taken place during and after more than one year, that transparency and equitable approach are all written in official files and not interpreted in the real sense on the ground in Jammu and Kashmir? Should, therefore, the glaring discrepancies and problems as they exist in the real estate sector in Jammu and Kashmir, continue to remain not eradicated? Should, therefore, those projects having connect with the real estate sector and falling under the RERA continue to be not cleared by the said statutory Authority even to come under its purview irrespective of whether new and proposed, under construction and even those not having a completion certificate even after the project deemed to be complete? The list is long . RERA means reforms, transparency and rule of fairness in the vast area of real estate sector in Jammu and Kashmir hence the UT Government must make RERA fully and comprehensively functional .
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