- 1 - 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, 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, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - 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 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. 5. SRI. HALANAGOUDA. B AGED ABOUT 53 YEARS, S/O. BASANAGOUDA 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. 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, - 6 - 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 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 - 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 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 - 9 - 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 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 - 10 - 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 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