Three years after the RERA tribunal was established in Gandhinagar, the state government has geared up to fill up the position of its chairman, judicial member and technical member.
However, the state government finds itself in a legal tangle after an advertisement issued by it last month, has been challenged in the high court. The advertisement was challenged on the ground that the state government must carry out due consultation with the Chief Justice of Gujarat High Court to fill up the post of chairperson and members and the advertisement violates the RERA rules.
After hearing of the plea, a bench headed by Chief Justice Vikram Nath has sought explanation from the government while posting its hearing on February 10.
The RERA Appellate Tribunal was established in 2017 by the state government and since then it has had no judge, while the Food and Safety Standard Tribunal judge has been assigned charge of RERA tribunal which also does not have technical member as mandated in law.
A PIL has been filed over the issue and the HC has issued notices to the state government and others in December last year. Meanwhile, Urban Development and Urban Housing Department, on January 4, issued an advertisement inviting applications to fill up the post of chairperson, judicial member and technical member.
The post of a chairperson is to be held by a high court judge. However, such appointment was challenged by the petitioner Nipun Singhvi, a chartered accountant and lawyer, alongside his PIL seeking to appoint chairperson and two other members.
“I had filed PIL and later filed an application to add in our prayer to stay the advertisement as it was not in consonance with RERA rules. The court has sought reply from the state government by accepting our plea and posted further hearing on February 10,” said Vishal Dave, counsel who appeared for Singhvi.
“The advertisement for the post of Chairperson and Members in Gujarat Real Estate Appellate Tribunal is in gross violation of Section 46 of the Real Estate (Regulation and Development) Act, 2016 and also not in consonance with the Constitutional spirit of judicial independence,” said Singhvi while talking to Mirror.
“As per the advertisement for the post of Chairperson the qualification is prescribed “has been Judge of High Court” whereas the Section 46 (1) (a) of the Act says that “is or has been Judge of High Court”. As per Section 46 (2) the Chairperson of the Appellate Tribunal can be appointed by the Government in consultation with the Chief Justice of High Court or his nominee,” he submitted in the plea.
He also said, “As per Section 46 (3) of the Act the members such as Judicial, Technical or Administrative shall be appointed by the Government on the recommendations of a Selection Committee consisting of Chief Justice of the High Court, the Secretary of the Department handling Housing and the Law Secretary. Upon perusal of the advertisement there is no formation or recommendation of Selection Committee for such appointment.”
