Article by: Jasleen Kaur
Last updated on: 10.01.2020
The Karnataka Real Estate Appellate Tribunal (KA-REAT) is a tribunal which was formed by the Government of Karnataka under Section 43 of the Real Estate (Regulation and Development) Act, 2016. The tribunal is entrusted with the jurisdiction to hear appeals from the orders of the Adjudicating Officer, RERA and the Real Estate Regulatory Authority from 7th January 2020. As of 2020, the Karnataka Real Estate Appellate Tribunal is presided over by a chairperson, Hon’ble Justice Shri. B. Sreenivase Gowda, a judicial member, Shri. Dinesh K. P., and administrative member, Shri. Somashekhar P. S.
Constitution of the Appellate Tribunal
The Karnataka Real Estate Appellate Tribunal is a quasi-judicial body that adjudicates issues arising between Developers and Homebuyers or Developers / Allottees and RERA. All appeals arising under The Real Estate (Regulation and Development) Act, 2016, including proceedings relating to compensation, project registration/s and penalties under the Act shall be disposed of by the KA-REAT. The bench is chaired by a chairperson who is a retired / presiding High Court Judge, a judicial member who has 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 twenty years with experience in dealing with real estate matters and a technical member who he is a person 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 twenty 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.
Appeals from the orders of KA-REAT
Under Section 58 of The Real Estate (Regulation and Development) Act, 2016, any person aggrieved by any decision or order of the KA-REAT is entitled to prefer an appeal before the High Court of Karnataka within a period of sixty days from the date of communication of the decision or order of KA-REAT to him. Such an appeal can be filed on any one or more grounds specified in Section 100 of the Code of Civil Procedure, 1908 (5 of 1908).
Restriction on preferring appeals
No appeal/s shall lie against any decision or order made by the Appellate Tribunal with the consent of the parties.
Execution of orders of the Appellate Tribunal
As per Section 57 of the RERA Act and Rule 26 of the Karnataka Real Estate (Regulation and Development) Rules 2017, every judgement, order made by the appellate tribunal shall be executed by the tribunal as a decree of civil court. Notwithstanding the said powers of the tribunal, the appellate tribunal may transmit any order made by it to a civil court having local Jurisdiction and such civil court shall execute the order as if it were a decree made by the court.
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