Karnataka HC stops Principal Secy of Housing Dept from officiating as 'Acting Chairperson' of state's RERA

The high court has restrained Naveen Raj Singh, Principal Secretary of the Department of Housing, from officiating as Acting Chairperson of the Karnataka Real Estate Regulatory Authority (K- RERA) with immediate effect.

Justice R Nataraj passed this interim order in a petition challenging the May 22, 2024 order appointing Naveen Raj Singh as Acting Chairperson of K- RERA.

The court also said that the senior most member of K-RERA should continue to be the in-charge Chairperson until the vacancy is filled up by a fresh order of appointment in accordance with the Rules.

The court was hearing the petition filed by one V Srinivas, a resident of Bengaluru. At the hearing, K-RERA requested to implead in the petition.

The authority submitted that the committee headed by the Chief Justice of the high court has already shortlisted a candidate for the post of chairperson and placed the same before the state government.

This was done after the Chief Justice recommended his nominee and hence the issue is now pending consideration before the state government.

The Additional Government Advocate submitted that he would secure instructions regarding the action initiated by the state government on the recommendations made by the said Committee.

The court observed that there is no provision in the Karnataka Real Estate (Regulation and Development) Rules, 2017 for a third person / an officer of the State Government to be nominated as an in-charge Chairperson to fill up the vacancy.

The present in-charge of the post of Chairperson holds a lien in an administrative post in the state government and hence it is not advisable for him to continue as the in-charge Chairperson, the court said.

“The vacancy, if any, has to be filled up by the senior most member of the K-RERA. In the present case, the respondent number 2 (Naveen Raj Singh) was not the member of the K-RERA but was the Principal Secretary of the Department of Housing which is a statutory Authority,” Justice R Nataraj said.