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2024 Supreme(Online)(KAR) 35744

HIGH COURT OF KARNATAKA
HEMANT CHANDANGOUDAR, J
SANJEEVA C – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 29877 of 2024



Petitioner Advocates:AKASH R BANTIA ,Respondent Advocate:

The court emphasized the necessity for timely compliance with orders under RERA, directing authorities to enforce refund orders within three months.

Headnote:(A) Real Estate (Regulation and Development) Act, 2016 - Section 18 - Complaint filed for refund of payment made towards unit bookings - Respondent directed to refund amount - Recovery certificate issued for recovery as arrears of land revenue - Non-compliance by revenue authorities despite representations made by petitioners - Court directs enforcement of prior orders within three months. (Paras 2, 3, 5)

(B) Compliance with court orders - Importance of timely action by authorities in implementing directions given under RERA - Failure to comply may result in personal costs. (Paras 3, 4)

ORAL ORDER

Learned AGA accepts notice for respondent Nos.1 to 3.

Service of notice to respondent Nos.4 and 5 is dispensed with.

2. The petitioners filed a complaint under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (“RERA”), and RERA passed an order directing Respondent No.4 to refund the payment made by the petitioners towards their respective unit bookings. Following the order, Respondent No.5 issued a recovery certificate to Respondent No.1 to recover the amount with interest as arrears of land revenue.

3. The petitioners’ grievance is that despite representations made to recover the amount in light of the revenue recovery certificate issued by Respondent No.5, Respondents Nos. 2 and 3 have not taken any steps. Therefore, in similar circumstances, the Co-ordinate Bench of this Court in the case of Errol John Noronha and Others v. State of Karnataka and Others in WP No.6545/2023 directed the revenue authorities to implement the subject K-RERA orders and report compliance to the Registrar General of this Court within an outer limit of three months, failing which, a heavy personal cost may be levied on an appropriate application being moved by the petitioner therein.

4. The petitioners are similarly situated homebuyers and are in a situation akin to the one considered by the Co-ordinate Bench in the aforementioned writ petition.

5. Accordingly, the writ petition stands disposed of, directing Respondents Nos. 2 and 3 to enforce the directions of Respondent No.5, dated 06.07.2024, as per Annexures-A to A7, within a period of three months from the date of receipt of this order.

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