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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Sharada Achar W/o Shri Padmanabha Achar – Appellant
Versus
State of Karnataka – Respondent
ORDER :
M. NAGAPRASANNA, J.
1. Conglomeration of writ petitions, though arising from distinct projects and differing promoters, converge upon a common grievance - the validity of a Circular dated 03-09-2020 issued by the Real Estate Regulatory Authority, Karnataka (hereinafter referred to as ‘the Authority’ for short). This Circular, in essence, mandates the levy of “delay fee” for belated submission of quarterly updates and annual audit statements, without distinction to the scale of the project, the stage of development, or the peculiar circumstances surrounding it.
For the sake of convenience, the factual backdrop of writ petition Nos.4770 of 2024, 3379 of 2024 and 18662 of 2023 would be noticed, for it mirrors in substance the circumstances present in the other connected cases.
2. Sans details, facts germane are as follows: -
IN WRIT PETITION NO.4770 OF 2024
2.1 The petitioner is a partnership firm engaged in the business of development, construction and sale of residential buildings. The petitioner is planning to construct apartments under the Pradhan Mantri Awas Yojana in the name and style of ‘Shubh Gruh’ in Sy.No.147, Plot No.102+103+139+140, Paninagar Layout, Indi Road Pass, nea
The court established that the imposition of delay fees by circular without statutory authority contradicts the principles of law, rendering such fees arbitrary and illegal.
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