'Cannot Defend Inaction': Gujarat High Court Pushes State To Expedite Appointments To RERA, Appellate Tribunal
The Gujarat High Court has directed the state government to promptly address the long-pending vacancies in the Gujarat Real Estate Regulatory Authority (RERA) and the Gujarat Real Estate Appellate Tribunal (Appellate Tribunal). A division bench led by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee expressed their dissatisfaction on Monday over the government's inaction despite...
The Gujarat High Court has directed the state government to promptly address the long-pending vacancies in the Gujarat Real Estate Regulatory Authority (RERA) and the Gujarat Real Estate Appellate Tribunal (Appellate Tribunal).
A division bench led by Chief Justice Sunita Agarwal and Justice Aniruddha Mayee expressed their dissatisfaction on Monday over the government's inaction despite clear court orders from 2021 and a commitment made by the State.
"You know that you can complete it. This is only if you're taking things seriously. You're not serious. Everytime you're making one or the other excuse. We are not accepting any excuse, give us a timeline. When will you produce these recommendations of the Search Committee before the Select Committee?"
The court's rebuke came after the government failed to heed a previous court order and commitment to make essential appointments to these regulatory bodies.
Government Pleader Manisha Luvkumar-Shah informed the bench that while the Chairperson had been appointed, two crucial member positions remained vacant. Shah highlighted that according to the Act's provisions, a Select Committee is responsible for the appointment process.
However, the Chief Justice pointed out that it's the State's responsibility to present the names of potential candidates before the Select Committee.
Condemning the government's delay, Chief Justice Agarwal questioned, "Do you need direction of this Court for everything? Why have you not done it earlier? The Search Committee was appointed much earlier. So many dates were fixed by us, then you came with this response."
The Bench stressed that the government's excuses were unacceptable and demanded a clear timeline for action.
In response, the Government Pleader assured that as soon as the Selection Committee provides a timeframe, appointments will be made within 48 hours. The government representative further notified the bench that the chairperson for the Appellate Tribunal would be a former judge and the State was finalizing the candidate's name.
The Chief Justice, however, expressed frustration with the government's inertia, stating, "Don't you have judges? Complete the process. For three years, you have not done anything. There was a deadline given by this Court. You cannot defend inaction."
Despite the Government Pleader's request for a two-week extension to present the search committee's recommendations before the select committee, the bench was unswayed, calling the State's explanations mere excuses.
Displeased by the lack of progress, Chief Justice Agarwal while demanding a clear explanation for the delay, remarked, "You come out with a clear explanation, why have you not done it? You are silent, you cannot keep silent."
The matter was briefly adjourned for the recess for the Government Pleader to come back with the written instructions.
Following the lunch break, Advocate General Kamal Trivedi appeared for the State and assured the bench that the shortlisted names for the chairperson's position had been forwarded as required by law and would be presented for consultation.
"By evening the names would be placed before your ladyship, for consultation," the AG Trivedi informed.
Accepting this statement, the Court adjourned the hearing for a week and said, "We're keeping it in the next week. You do whatever you're supposed to do. We want appointment letters."
The matter was last heard on 25.08.2023.
Case Title: Nipun Praveen Singhvi Vs. State Of Gujarat
Case No.: R/WPPIL/97/2022
Counsel For Petitioner: Senior Advocate Percy Kavina