The Karnataka Real Estate Appellate Tribunal (KA-REAT) is a tribunal which
was formed by the Government of Karnataka under Section 43 of the Real Estate
(Regulation and Development) Act, 2016. The tribunal is entrusted with the
jurisdiction to hear appeals from the orders of the Adjudicating Officer, RERA
and the Real Estate Regulatory Authority from 7th January 2020. As of 2020, the
Karnataka Real Estate Appellate Tribunal is presided over by a chairperson,
Hon'ble Justice Shri. B. Sreenivase Gowda, a judicial member, Shri. Dinesh K.
P., and administrative member, Shri. Somashekhar P. S.
Constitution of the Appellate Tribunal
The Karnataka Real Estate Appellate Tribunal is a quasi-judicial body that
adjudicates issues arising between Developers and Homebuyers or Developers /
Allottees and RERA. All appeals arising under The Real Estate (Regulation and
Development) Act, 2016, including proceedings relating
to compensation, project registration/s and penalties under the Act shall be
disposed of by the KA-REAT.
The bench is chaired by a chairperson who is a retired / presiding High Court
Judge, a judicial member who has held a judicial office in the territory of
India for at least fifteen years or has been a member of the Indian Legal
Service and has held the post of Additional Secretary of that service or any
equivalent post, or has been an advocate for at least twenty years with
experience in dealing with real estate matters and a technical member who he is
a person well-versed in the field of urban development, housing, real estate
development, infrastructure, economics, planning, law, commerce, accountancy,
industry, management, public affairs or administration and possesses experience
of at least twenty years in the field or who has held the post in the Central
Government or a State Government equivalent to the post of Additional Secretary
to the Government of India or an equivalent post in the Central Government or an
equivalent post in the State Government.
Appeals from the orders of KA-REAT
Under Section 58 of The Real Estate (Regulation and Development) Act, 2016, any
person aggrieved by any decision or order of the KA-REAT is entitled to prefer
an appeal before the High Court of Karnataka within a period of sixty days from
the date of communication of the decision or order of KA-REAT to him. Such an
appeal can be filed on any one or more grounds specified in Section 100 of the
Code of Civil Procedure, 1908 (5 of 1908).
Restriction on preferring appeals
No appeal/s shall lie against any decision or order made by the Appellate
Tribunal with the consent of the parties.
Execution of orders of the Appellate Tribunal
As per Section 57 of the RERA Act and Rule 26 of the Karnataka Real Estate
(Regulation and Development) Rules 2017, every judgement, order made by the
appellate tribunal shall be executed by the tribunal as a decree of civil court.
Notwithstanding the said powers of the tribunal, the appellate tribunal may
transmit any order made by it to a civil court having local Jurisdiction and
such civil court shall execute the order as if it were a decree made by the
court.
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