Fwd: Request for Immediate constituting of a TASK FORCE , for proper Implementation of RERA in true letter and spirit
Ajit Naik
From: Ajit Naik <ajit....@gmail.com>
Date: Wed, 2 Oct 2019 at 11:47
Subject: Fwd: Request for Immediate constituting of a TASK FORCE , for proper Implementation of RERA in true letter and spirit
To: RERA Karnataka <reraka...@gmail.com>, Vishunuvardhana Reddy Reddy <member...@ka.gov.in>, <member...@ka.gov.in>, latha kumari <lathaku...@gmail.com>, <prs-h...@karnataka.gov.in>, ACS UDD <acsudd...@gmail.com>, <a...@karnataka.gov.in>, <prs-...@karnataka.gov.in>, <rcs...@nic.in>, <prs.r...@gmail.com>, <i...@karnataka.gov.in>, <dtp...@hotmail.com>, veena bhoj <udtec...@gmail.com>, <geeth...@yahoo.com>
From: Ajit Naik <ajit....@gmail.com>
Date: Wed, 2 Oct 2019 at 11:20
Subject: Request for Immediate constituting of a TASK FORCE , for proper Implementation of RERA in true letter and spirit
To: <c...@karnataka.gov.in>
Respected Sir,
I have attached a detailed letter addressed to you on what is happening in Karnataka in implementing the Real Estate (Regulation & Development) Act, 2016 since its enforcement by the Government India w.e.f. 1-5-2016. I have also mentioned in it how the GoK has miserably failed in implementing the existing two acts enacted during 1972 on Apartment Construction, Sale, Purchase and Related Matters.
I
have been pursuing with the Government of Karnataka for proper implementation
of (i)The Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer)
Act, 1972 (in short- KOFA), (ii) The Karnataka Apartment Ownership Act, 1972
(in short-KAOA), since 2011. I have attended many meetings with the officials
concerned with implementing the above two acts and given documented suggestion
through letters and emails. A committee was constituted on 30-12-2012 consisting
of Senior Officials of various concerned departments on implementing KOFA and KAOA to work
out a solution for implementing the above referred two acts which were neglected for implementation without properly designating Officials/departments for administering the various sections in both the Acts. I was an invitee for few
meetings. But unfortunately, the committee
has not found any solution and eventually the committee became defunct.
Subsequently the same committee was revived on 16-07-2017 in view of
Implementation of RERA Act. Unfortunately, the first meeting of the committee took
place on 31-08-2018, after 13 months of constituting the committee. So far the
committee has not done any work taking into consideration of changed scenario on account of enforcing the central Act RERA. The second meeting of the committee
took place on 4-5-2019. Though the Committee has decided (on 4-5-2019) to meet as frequently as possible on fortnightly basis, the next meeting is not conducted until today. I was an invitee for both the meetings. This is one
story on implementing enacted legislation, KOFA and KAOA. You will get more information on
it in the attached letter addressed to you.
The RERA Act is in force w.e.f. 1-5-2016 throughout the Country. Since then, I have sent nearly Eighteen (18) letters through emails and personally to various Departments of GoK, five (5) Secretaries of Housing Department who were holding charge since 1-5-2016 and three (3) Interim RERA Authorities and present RERA Authority. All these Officials and RERA Authority have a joint role to play in proper implementation of RERA. I had attended at least 12-15 meetings with various Officials for discussing on RERA implementation since 1-5-2016. Unfortunately, the progress in implementing RERA, (a) as discussed in various meetings is not followed up properly for proper implementation of RERA. GoK has not bothered to take note of various suggestions given to them by emails/letters by numerous NGOs and Activists for correcting the totally incorrect procedures of implementing RERA without making required changes in the existing State Acts while implementing the Central Act as per the Article 254 of the Constitution of India. In almost all the Karnataka State Acts relating to Real Estate Development have some contradictions in their existing provisions with the RERA Act provisions.
A situation has already come in place where citizens get the feeling that the State bureaucracy don’t take any bold decision on any act relating to development of Real Estate which harms the interest of Promoter class. This has been evidentially proved in Karnataka by Judgments/Orders of Karnataka High Court and Karnataka Information Commission on which I have given details in the attached letter addressed to you. Now a situation is created due to inaction of GoK which may compel the activists of Homebuyers to approach High Court of Karnataka with a request to direct the GoK for proper implementation of RERA in true letter and spirit so as to get justice to lakhs of homebuyers, some of them who are already suffering and cheated in one or the other way by majority unscrupulous promoters.
If at all the GoK is interested in implementing RERA in Karnataka properly, there is the need of constituting a Task Force to work on continuous bases, for 30-40 days to get solution on all hurdles faced in RERA implementation. There is no meaning in conducting meetings of Officials and Stake Holder once in while and then forget to take forward the decisions/discussions of such meetings. I have given the detailed outlook on the subject in my attached letter addressed to you. I have also attached the details of various letters/emails sent to various Departments of GoK on RERA Implementation. RERA implementation is not any ROCKET SCIENCE and there is no justification for not implementing the same properly in the last 41 months
I hope you will do the needful to get solution on all issues within a period of next 30-40 days, by constituting a Task Force for the purpose, in next 7 days.
With Regards,
(AJIT NAGESH NAIK)