'Why Create Tribunals When You Don't Want To Continue Them?': Gujarat HC Raps State Govt Over Vacant Posts In GujRERA

The Gujarat High Court on Friday came down heavily on the state government over its failure to fill up the vacant posts of the members of the Gujarat Real Estate Regulatory Authority and Chairperson and technical members of the GujRERA Appellate Tribunal. 

"Why do you create these tribunals, when you don't want to continue them? You want to frustrate this Act itself. You are acting against your own interest. We will call upon a senior officer. Now, this is enough," Chief Justice Sunita Agarwal said as the Court was informed that the members of the GujRERA have still not been appointed.

The bench led by the Chief Justice also comprising Justice Aniruddha P. Mayee, is hearing a Public Interest Litigation (PIL) plea filed by Advocate Nipun Singhvi seeking directions to fill up the posts of members in the GujRERA which have been vacant for a considerable time now.

The matter has been tagged with pleas concerning the issue of vacancies of Chairperson and technical members in the GujRERA Appellate Tribunal.

On Friday, when the Government informed the bench that it had already appointed the chairperson in the GujRERA, the HC inquired about the process for the appointment of other members. To this, the counsel representing the government informed the bench that a committee was seized with the matter.

"Every time, when the matter came to the Court, you said the committee was seized with the matter. Where is the question of the committee? The committee is going to recommend the names, that you (the government) collect and send to it. When you have not collected names, what would the committee do?," CJ Agarwal said.

Further, when the counsel for the state government that he needed time to comply with the Court's August 10 order to make appointments, the Bench asked him to place before it the process of appointments.

"You have constituted a committee. The paperwork is complete. Your job is done. Every time, you show us the constitution of the committee. What is supposed to be done by the committee? Where are those names that are to be shortlisted by the committee? We are asking you to place the process before us," CJ Agarwal said.

With this, the matter has now been posted for the state's explanation on August 28.

Senior Advocate Percy Kavina assisted by Advocates Hiral Mehta and Vishal Dave appeared for the petitioners.