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The Gujarat High Court, in a recent development, has urged the state government to expedite the process of filling vacant positions within the Gujarat Real Estate Regulatory Authority Appellate Tribunal (RERA Appellate Tribunal). This call to action from the court comes in response to the recent appointment of Justice (retd) R M Chhaya as the chairperson of the RERA Appellate Tribunal, which took place just last week.
The High Court's intervention in this matter occurred due to a public interest litigation (PIL) that had been filed, demanding the prompt filling of vacancies for the positions of chairperson and technical member. These positions had been vacant since June 2021 and September 2021, respectively, causing a significant backlog in the functioning of the RERA Appellate Tribunal.
The bench, headed by the Chief Justice, expressed its dissatisfaction with the delay in filling these crucial positions. It highlighted that the vacancies were only filled in September, and that too after the High Court had issued directives in this regard.
Prior to this, the High Court had admonished the state government for not expediting the appointment process. It questioned whether the government intended to leave the people of Gujarat without a remedy in matters related to real estate regulation.
The delay in filling these key positions within the RERA Appellate Tribunal has raised concerns about the effectiveness of the regulatory authority in addressing disputes and ensuring compliance with real estate laws and regulations in the state of Gujarat. The RERA Appellate Tribunal plays a crucial role in providing a platform for stakeholders in the real estate sector to seek redressal for their grievances and concerns.
The Gujarat High Court's stance underscores the importance of timely appointments and the need for a functional and efficient regulatory framework in the real estate sector. The court's admonishment serves as a reminder to the state government of its responsibility to ensure that such delays do not occur in the future, as they can adversely affect the rights and interests of both consumers and industry stakeholders.
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