PIL seeks appointment of Gujarat RERA Tribunal’s Chairman, technical member
The petitioner has also suggested the functioning of the tribunal be brought under the supervision of the state government’s legal department instead of its urban development and urban housing department.
“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.”
ET has reviewed a copy of this petition.
The division bench of Chief Justice Aravind Kumar and Justice Mauna M Bhatt will hear the case on October 29.
According to the petition by Nipun Singhvi, the present bench of the appellate tribunal consists of only one judicial member and this violates the doctrines of separation of powers and independence of judiciary.
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 current Gujarat Real Estate Appellate Tribunal is not able to function as it has a sole judicial member, no chairperson or technical and administrative member.
Petitioner Singhvi 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.
The positions of the appellate tribunal’s chairperson and technical member are vacant since June 15 and September 20.
“Considering that tribunals are established for adjudicating on specialized areas of law, the presence of a member having in-depth knowledge of such matters is essential for the functioning of such a tribunal,” said Ankita Singh, founder of law firm Sarvaank Associates.
The RERA Act has the provision of an appellate tribunal. However, since the adoption of the RERA Act in Gujarat, the state government had not appointed anyone to head the tribunal for long.