Calls for Stronger Enforcement and Inter-Departmental Coordination
JAMMU, DECEMBER 08: Chief Secretary today reviewed the implementation status of the Real Estate (Regulation and Development) Act, 2016 in Jammu & Kashmir during a detailed meeting of Jammu & Kashmir Real Estate Regulatory Authority (JKRERA).
The meeting was attended by Chairperson, J&K RERA, Satish Chandra; Secretary, Rural Development Department; Commissioners of JMC/SMC; Inspector General of Registrations; Vice Chairpersons of Jammu Development Authority and Srinagar Development Authority; besides other senior officers of the concerned departments.
Emphasising the need for a coordinated and integrated approach, the Chief Secretary underscored the importance of strengthening enforcement mechanisms to ensure transparency, accountability and protection of homebuyers’ interests in the real estate sector across the UT.
He called upon the concerned Divisional and District Administrations to extend all necessary assistance to JKRERA for effective implementation of the Act in both municipal as well as rural areas. He observed that non-compliance with the provisions of the Act leads to haphazard development, often without the basic facilities and statutory safeguards mandated under law.
Earlier, Chairperson, J&K RERA, Satish Chandra, briefed the meeting on the mandate and functioning of the Authority, which was established under an Act of Parliament in 2016.
He informed that JKRERA exercises jurisdiction over all residential and commercial real estate projects in the Union Territory, including plotted developments exceeding 500 square metres or eight apartments, as envisaged under Section 3 of the Act.
He further stated that registration of eligible real estate projects and real estate agents with JKRERA is mandatory, and no promoter is permitted to advertise, market or sell any project without such registration. The Act, he added, ensures protection of buyers’ rights and mandates developers to provide requisite infrastructure and facilities, thereby preventing unplanned and sub-standard developments.
The Authority also briefed the meeting on the mechanisms in place for registration of projects and agents, complaint filing and disposal, and enforcement of statutory provisions. It was informed that any aggrieved person, including allottees, promoters and real estate agents, can file complaints under Section 31 of the Act through both online and offline modes. JKRERA is empowered to conduct inquiries and recover penalties as arrears of land revenue in cases of non-compliance.
The meeting was apprised of the stringent penalty provisions under the Act, which include penalties extending up to 10 per cent of the project cost and imprisonment for promoters in cases of violations such as non-registration of projects and failure to comply with the orders of the Authority or the Appellate Tribunal.
The Authority also highlighted the awareness programmes being conducted to sensitise stakeholders about the provisions of the Act, buyer safeguards and regulatory obligations. A summary of enforcement actions undertaken and complaints disposed of was also presented during the meeting.
The key issues discussed in the meeting includes lack of clarity regarding layout approvals for colonies in rural areas, delays due to multiple departmental approvals, and the need for enhanced inter-departmental coordination.
To address these challenges, JKRERA proposed clearer delineation of approval authorities in rural areas, establishment of a Single Window System for integrated approvals and registrations, and constitution of district-level enforcement cells under the Deputy Commissioners to strengthen monitoring, reporting and enforcement of RERA violations.
These measures, it was emphasised, would ensure transparent, regulated and planned development of the real estate sector across J&K.
