While hearing a public interest litigation (PIL) challenging the jurisdiction of the Gujarat Real Estate Appellate Tribunal due to the absence of a technical and administrative member in the body, the Gujarat High Court (HC) was told by the state government that selection of administrative and technical members have been made and the process of selecting the chairperson for the tribunal is underway.
Advocates Vishal Dave and Hiral Mehta, representing the litigant, advocate Nipun Singhvi, had primarily moved the PIL in December 2019 and had submitted that the Gujarat Real Estate Appellate Tribunal consists of only one judicial member and no administrative member or technical member. This was not adherent to the Real Estate (Regulation and Development) Act (RERA), 2016, provisions.
Heard by a division bench at the HC, it was submitted by government pleader Manisha Shah that the process of the establishment of the Real Estate Appellate Tribunal “is at the verge of completion.”
To this effect, it was further submitted by Shah that the selection committee has completed the selection procedure and recommended two names for the post of judicial member and two names for the post of technical or administrative member. For the post of chairperson of the appellate tribunal, “the government is in the process of consultation” with the Chief Justice of the High Court.
The tribunal, which instead of having its own designated address, was running out of the food safety appellate tribunal address, has now been provided with a permanent address. The government submitted that the real estate appellate tribunal has now been allotted 3,378 sqft area of office space at Block No. 2, D-2 wing, Karmayogi Bhavan, Sector 10, Gandhinagar by an order of the General Administration in July.
Satisfied with the state’s submission on the progress, the court disposed the PIL while noting on a concluding note that they “expect the state to make the appointments at the earliest.”