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Sr. No. 17

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

MA No.75/2025

CM No.8452/2025

c/w

Caveat No.2856/2025

Date of Pronouncement:27.12.2025

Uploaded on: .12.2025

Sandeep Kumar & Ors. .....Applicant(s)/Petitioner(s)

Through :- Mr. Navyug Sethi, Advocate.

v/s

Royal Omkar Nests Private Ltd. Jammu & .....Respondent(s)

Anr.

Through :- Mr. Amit Gupta, Sr. Advocate with

Mr. Vinay Chib, Advocate.

Mr. Sumit Moza, Advocate.

CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

ORDER

Caveat No.28562/2025

With the appearance of Mr. Vinay Chib, Advocate, the caveat stands

discharged.

MA No.75/2025

01. By this appeal filed under Section 58 of the Real Estate (Regulation and

Development) Act, 2016 against the order dated 04.12.2025, passed by

the Chairperson, Bench-I, J&K Special Tribunal, Jammu in RERA

Appeal under Section 44(1) of the RERA Act, 2016 titled “Sandeep

Kunar and Ors. V. Royal Omkar Nests Private Limited & Anr.”, to the

extent interim order dated 22.09.2025, passed by Real Estate Appellate

Tribunal in appeal (Supra) has been recalled and reviewed on the

ground that the same has been passed without jurisdiction. However,

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liberty has been granted to the appellants to file fresh appeal, which as

per the petitioners is contrary to the provisions of law.

02. It is stated by learned counsel for the petitioners that Chairperson of the

J&K Special Tribunal had no authority to recall or review the interim

order dated 22.09.2025. Moreover, in terms of S.O. 637, Government

of J&K, Housing and Urban Development Department in exercise of

powers conferred by first proviso to sub-section (4) of Section 43 of the

Real Estate (Regulation and Development) Act, 2016 has designated

the Jammu and Kashmir Special Tribunal as Appellate Tribunal for

purposes of the Act, till a regular Tribunal is constituted in terms of

Section 43 of the Act.

03. It is stated by learned counsel for the petitioners that since the learned

Special Tribunal has been given the power in terms of S.O. 637, as

such, under Section 6 of the Jammu and Kashmir Special Tribunal Act,

1988, Chairperson is empowered to hear the appeal and to pass interim

orders.

04. Learned senior counsel for the respondents states that Section 43(3) of

the Real Estate (Regulation and Development) Act, 2016 provides that

“every Bench of the Appellate Tribunal shall consist of atleast one

Judicial member and one Administrative or Technical member”. As

such, Chairperson had no authority to consider the appeal filed by the

petitioners under Section 44(1) of the RERA Act.

05. In terms of the impugned order, learned Special Tribunal has recalled

the interim order, granted in favour of the petitioners dated 22.09.2025,

with a liberty to the petitioners to file fresh appeal, which shall be

assigned to the Bench constituted in terms of Section 43(3) of the Real

Estate (Regulation and Development) Act, 2016. Interim direction has

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been granted to the petitioners, thereby, granting status quo, which had

been directed to be maintained by respondent Nos.1 and 2 with respect

to the common area of the project till filing of fresh appeal by the

petitioners.

06. After arguing for a while, learned counsel for the petitioners seeks

withdrawal of the appeal with liberty to approach the learned Special

Tribunal within a period of one week from the date of passing of this

order strictly in terms of order dated 04.12.2025. However, limitation

for filing an appeal shall not come in the way of the petitioners.

07. Disposed of.

(Moksha Khajuria Kazmi)

Judge

JAMMU

27.12.2025

Eva

Whether the order is speaking or not? Yes

Whether the order is reportable or not? No

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