WP No. 5391 of 2024 WP No. 5392 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5394 OF 2024 (GM-RES)

C/W WRIT PETITION NO. 5389 OF 2024 (GM-RES) WRIT PETITION NO. 5391 OF 2024 (GM-RES) WRIT PETITION NO. 5392 OF 2024 (GM-RES)

IN WP No. 5394/2024 BETWEEN:

JAIN HOUSING AND CONSTRUCTION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT NO. 98/99, HABIBULLAH ROAD, T-NAGAR, CHENNAI, TAMIL NADU-600 017, Digitally signed by DHARMALINGAM REPRESENTED BY ITS AUTHORIZED SIGNATORY, Location: HIGH MR. GIRISH JAIN.

COURT OF KARNATAKA …PETITIONER (BY SRI. SAMEER SHARMA., ADVOCATE)

AND:

1. UNION OF INDIA REPRESENTED BY THE SECRETARY, LEGISLATIVE DEPARTMENT, MINISTRY OF LAW AND JUSTICE, 4TH FLOOR, A WING, SHASTRI BHAWAN, WP No. 5391 of 2024 WP No. 5392 of 2024 DR. RAJENDRA PRASAD ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI-110 001.

2. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, HOUSING DEPARTMENT, NO. 213, 2ND FLOOR, VIKASA SOUDHA, BANGALORE-560 001.

3. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY

2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY.

4. SRI. HALANAGOUDA. B AGED ABOUT 53 YEARS, S/O. BASANAGOUDA 5. SMT. CHAITRA B AGED ABOUT 53 YEARS W/O HALANAGOUDA B BOTH RESPONDENT NO.4 & 5 ARE R/A NO.114, 4TH MAIN, 4TH CROSS, MULKISUNDERAM SHETTY NAGAR, VIJAYA BANK LAYOUT, OFF BANNERGHATTA ROAD, BANGALORE-560 076.

…RESPONDENTS (BY SRI.H.SHANTHI BHUSHAN., DSGI FOR R1 SRI. SHAMANTH NAIK., HCGP FOR R2 SRI. I.S.DEVAIAH., ADVOCATE FOR R3 SMT. KEERTHANA B.P., ADVOCATE FOR R4 & R5)

WP No. 5391 of 2024 WP No. 5392 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO DECLARE AND STRIKE DOWN SECTION 22 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (ACT NO. 16 OF 2016) (FORMING PART OF ANNEXURE-B) AS BEING UNCONSTITUTIONAL AND BEING VIOLATIVE OF THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA, 1950, THEREBY SETTING ASIDE THE IMPUGNED JUDGEMENT DATED 13/10/2023 RENDERED BY THE R3 IN PROCEEDINGS BEARING COMPLAINT NO. CMP/210825/0008272 (ANNEXURE-A) AND ETC.

IN WP NO. 5389/2024 BETWEEN:

JAIN HOUSING AND CONSTRUCTION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT NO. 98/99, HABIBULLAH ROAD, T-NAGAR, CHENNAI, TAMIL NADU-600 017, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. GIRISH JAIN ...PETITIONER (BY SRI. SAMEER SHARMA., ADVOCATE)

AND:

1. UNION OF INDIA REPRESENTED BY THE SECRETARY, LEGISLATIVE DEPARTMENT, MINISTRY OF LAW AND JUSTICE, 4TH FLOOR, A WING, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI-110 001.

WP No. 5391 of 2024 WP No. 5392 of 2024

2. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, HOUSING DEPARTMENT, NO. 213, 2ND FLOOR, VIKASA SOUDHA, BANGALORE-560 001.

3. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY

2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND, BANGALORE-560 027, REPRESENTED BY ITS SECRETARY.

4. SRI KEWAL CHAND CHAAJER AGED ABOUT 58 YEARS, S/O. M L CHAAJER, RESIDING AT NO. 363, 18TH F MAIN, 6TH BLOCK, KORAMANGALA BANGALORE-560095 ...RESPONDENTS (BY SRI.H.SHANTHI BHUSHAN., DSGI FOR R1 SRI. SHAMANTH NAIK., HCGP FOR R2 SRI. I.S.DEVAIAH., ADVOCATE FOR R3 SRI. DEEPAK BHASKAR., ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO DECLARE AND STRIKE DOWN SECTION 22 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (ACT NO.16 OF 2016) (FORMING PART OF ANNEXURE-B) AS BEING UNCONSTITUTIONAL AND BEING VIOLATIVE OF THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA, 1950, THEREBY SETTING ASIDE THE IMPUGNED JUDGEMENT DATED 13/10/2023 RENDERED BY THE R3 IN PROCEEDINGS BEARING COMPLAINT NO. CMP/211109/008530 (ANNEXURE-A) AND ETC.

WP No. 5391 of 2024 WP No. 5392 of 2024 IN WP NO. 5391/2024 BETWEEN:

JAIN HOUSING AND CONST