n70 Pvt developers in Jammu, Srinagar, Samba to also face action
More inspections to identify violators on cards
Mohinder Verma
JAMMU, Mar 3: In view of defiance of its notices, the Jammu and Kashmir Real Estate Regulatory Authority (JKRERA) has decided to shortly start proceedings for imposing penalty on Jammu Development Authority and Srinagar Development Authority besides 70 private developers in Jammu, Srinagar and Samba districts. Further, more inspections are on the cards in the light of the reports being received from the Revenue authorities.
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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, 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”.
This means all the private developers as well as Government agencies like Jammu Development Authority, Srinagar Development Authority, J&K Housing Board etc are required to register their not only upcoming but the ongoing real estate projects with JKRERA.
As there was no voluntary compliance to this provision of the law, the JKRERA issued notice to Jammu Development Authority (JDA) on August 8, 2024 laying stress on early registration of all ongoing projects. However, the communication of RERA was not taken seriously by those at the helm of affairs in the Authority and this compelled RERA to issue another notice on November 4, 2024, official sources told EXCELSIOR.
“As per these notices, the JDA was supposed to start the projects registration process within 15 days of receipt of communication. However, till date JDA has not bothered to ensure compliance of the provisions of the law and notices of JKRERA”, they said, adding “similarly, notice was issued to the Srinagar Development Authority (SDA) on January 11, 2025 but there is no compliance so far”.
Apart from these two Development Authorities, JKRERA has also issued notices to around 70 private developers in Jammu, Srinagar and Samba districts for registration of real estate projects as per the requirement of Real Estate Regulatory Act. These notices were issued after proper inspections on the basis of reports received from the Revenue authorities of these districts.
“Apart from issuance of notices the promoters of these private colonies were also conveyed about the mandatory requirement of registration of real estate projects verbally by the teams of JKRERA”, sources said while disclosing that in respect of Srinagar district 20 inspections have been conducted by JKRERA so far while as around 50 inspections have been conducted in Jammu and Samba districts.
In view of defiance of notices not only by these private developers but by JDA and SDA, the JKRERA will shortly start proceedings for imposition of penalty, sources informed, adding “the bench of JKRERA comprising Chairperson Satish Chandra (IAS retd) and Member Virender Singh Pathania (retired DG Indian Coast Guard) will fix dates for hearing these violators of law as part of proceedings and thereafter decision will be taken about imposition of penalty”.
About the powers of RERA, sources said, “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”, adding “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 further informed that more inspections in Jammu, Srinagar, Samba and other districts of the Union Territory are on the cards as reports about real estate projects are being received from the Revenue authorities. “Now, it’s the moment for JKRERA to act tough as sufficient time has already been given to the real estate developers to ensure compliance of the law”, sources added.
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