The Gujarat High Court relisted the plea for directing the Urban Development & Urban Housing Department to step in for appointing Chairperson, Technical Member before Gujarat Real Estate Appellate Tribunal.
Currently, Gujarat Real Estate Appellate Tribunal is not able to function as it has a sole judicial member, no chairperson, or technical and administrative member.
An Ahmedabad-based lawyer, Nipun Praveen Singhvi has moved the Gujarat High Court with a writ petition seeking directions for the appointment of chairperson and technical member in the Gujarat Real Estate Appellate Tribunal.
The petitioner has filed this public interest litigation (PIL) for the appointment of a judicial and technical member in the RERA appellate tribunal through advocate Vishal Dave. While they confirmed the filing of the petition, they declined to comment on the story.
“Since the function of the tribunal is purely judicial and adjudicatory, keeping in view the doctrine of separation of powers, the government ideally should have a minimal say in the functioning of the tribunal,” the plea said.
“It is, however, manifest that ‘Administration of Justice’ is a subject matter of the Department of Justice under the Ministry of Law and Justice.”
As per provisions of the Real Estate (Regulation & Development) Act, 2016, every bench of the Appellate Tribunal is expected to consist of at least one judicial member and one administrative or technical member. The Appellate Tribunal is expected to consist of a Chairperson and at least two whole-time members. Of them, one needs to be a judicial member and the other a technical or administrative member.
The division bench of Chief Justice Aravind Kumar and Justice Mauna M.Bhatt at the request of learned Government Pleader, relist on October 29, 2021.Subscribe Taxscan AdFree to view the Judgment