Karnataka High Court
Jain Housing And Construction Limited vs Union Of India on 10 January, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:943
WP No. 5394 of 2024
C/W WP No. 5389 of 2024
WP No. 5391 of 2024
WP No. 5392 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH 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,
Digitally signed by TAMIL NADU-600 017,
DHARMALINGAM
REPRESENTED BY ITS AUTHORIZED SIGNATORY,
Location: HIGH
COURT OF MR. GIRISH JAIN.
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,
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WP No. 5394 of 2024
C/W WP No. 5389 of 2024
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)
-3-
NC: 2025:KHC:943
WP No. 5394 of 2024
C/W WP No. 5389 of 2024
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.
-4-
NC: 2025:KHC:943
WP No. 5394 of 2024
C/W WP No. 5389 of 2024
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.
-5-
NC: 2025:KHC:943
WP No. 5394 of 2024
C/W WP No. 5389 of 2024
WP No. 5391 of 2024
WP No. 5392 of 2024
IN WP NO. 5391/2024
BETWEEN:
JAIN HOUSING AND CONSTRUCTION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING REGD. OFFICE AT NO. 98/99,
HABIBULLAH ROAD, T-NAGAR,
CHENNAI, TAMIL NADU-600 017,
REP. 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 SECRETARIATE,
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,
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WP No. 5394 of 2024
C/W WP No. 5389 of 2024
WP No. 5391 of 2024
WP No. 5392 of 2024
UNITY BUILDING, CSI COMPOUND,
BANGALORE-560 027,
REPRESENTED BY ITS SECRETARY.
4. SRI. ABRAHAM PANICKER
AGED ABOUT 38 YEARS,
S/O. M. O. PANICKER,
R/A NO. D-506, PURVA PANORAMA,
KALENA AGRAHARA,
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)
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/210210/0007605 (ANNEXURE-A).
IN WP NO. 5392/2024
BETWEEN:
JAIN HOUSING AND CONSTRUCTION LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956,
HAVING REGISTERED OFFICE
AT NO. 98/99, HABIBULLAH ROAD,
-7-
NC: 2025:KHC:943
WP No. 5394 of 2024
C/W WP No. 5389 of 2024
WP No. 5391 of 2024
WP No. 5392 of 2024
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.
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 A R RAMESH
AGED ABOUT 43 YEARS,
S/O K A RAMANUJAM
NO.F802, AJMERA GREEN ACRES
KALENA AGRAHARA,
-8-
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WP No. 5394 of 2024
C/W WP No. 5389 of 2024
WP No. 5391 of 2024
WP No. 5392 of 2024
BANNERGHATTA ROAD,
BANGALORE-560076
...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)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING 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-C
AS BEING UNCONSTITUTIONAL AND BEARING VIOLATIVE
OF THE BASIC STRUCTURE OF THE CONSTITUTION OF
INDIA, 1950, THEREBY SETTING ASIDE THE IMPUGNED
JUDGMENT DATED 09/10/2023 RENDERED BY THE R3 IN
PROCEEDINGS BEARING COMPLAINT NO.CMP/210801/
0008194 (ANNEXURE-A) AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Although the petitioners have raised a challenge and
sought a declaration to strike down Section 22 of the Real
Estate (Regulation and Development) Act, 2016, as being
unconstitutional and violative of the basic structure of the
Constitution of India, on the ground that there is no
judicial member in the Authority who is required to
NC: 2025:KHC:943
consider the grievances of the parties and decide the cases
judicially, nevertheless, when the learned Counsel for the
respondent pointed out that the parties were earlier before
this Court and by consent, the matters were remanded
back to be re-heard by the Authority, and this Court
expressed its anguish that when once a consent order is
passed and the matters are remanded before the
Authority, the petitioners will not be permitted to take
such stand, the learned Counsel for the petitioners
graciously submitted that the matters will have to be
considered on merits.
2. On the question of merits, learned Counsel for the
respondents has pointed out that there is an Appellate
Authority and an appeal provision is provided under
Section 44 of the Act. This Court is of the considered
opinion that the parties have to be relegated to the
Appellate Authority. Even if it is true that when the writ
petitions were filed, the Appellate Authority was not
functioning, nevertheless, at this point of time, when the
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Appellate Authority is constituted, the petitioners will have
to approach the Appellate Authority.
3. Accordingly, these writ petitions are disposed of
permitting the petitioners to prefer an appeal in terms of
Section 44 and if such an appeal is filed, the Appellate
Authority is hereby directed to take note of the fact that
the petitioners had approached this Court without much
delay, challenging the impugned order. The matters shall
be considered on merits.
4. Wherever the petitioners have made any deposits
before this Court, the same shall be stand relegated to the
Appellate Authority, which is required to consider the
appeal that would be filed by the petitioners in terms of
Section 44 of the Act.
5. Pending I.As., if any, stand disposed of.
Sd/-
(R DEVDAS)
JUDGE
DL
CT: JL
