Gujarat High Court Directs State To Ensure No Delay Arises In Future In Making Appointments To Gujarat Real Estate Appellate Tribunal

The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee was hearing a PIL filed by Nipun Praveen Singhvi, a practicing advocate and RTI activist. Singhvi sought directions to challenge the composition of the Gujarat Real Estate Appellate Tribunal and demanded the appointment of a Chairperson and Technical Member. He also requested the creation of a website and the transfer of administration from the Urban Development Ministry to the Department of Law and Justice.

Singhvi had previously filed a PIL that led to the State Government providing new premises for the Tribunal and making appointments to it. However, when vacancies persisted, he filed the present petition.

During the hearing, the Additional Government Pleader (AGP) pointed out that the vacancies had been filled in September 2023, following the court's directions. However, the court expressed concern about the significant delay by the State Government, lasting more than two years, in making these appointments.

"We are constrained to observe that there is a considerable delay on the part of the State Government in filling up the posts for a period of more than two years, and as such, it is necessary to observe that no such situation should arise in future," Court said while disposing the plea as infructuous.

The petitioner had argued that the absence of a Technical Member left the Appellate Tribunal with only a sole judicial member, rendering it 'Coram non-judice.' This, he contended, would harm the interests of the litigant public seeking redressal of real estate grievances.

Moreover, Singhvi asserted that the nature of the appellate jurisdiction exercised by the Gujarat Real Estate Appellate Tribunal required individuals with judicial and technical expertise, as it involved complex issues of law and fact. He emphasized the need for deep legal knowledge, expertise in relevant subjects, and the ability to assess evidence impartially.

Lastly, Singhvi had contended that the current composition and functioning of the Gujarat Real Estate Appellate Tribunal violated the fundamental principles of an "independent judiciary" and the "separation of powers" as enshrined in the Constitution.

Appearance: Mr Percy Kavina, Sr. Counsel, With Mr Vishal J Dave(6515) For The Applicant(S) No. 1 Ms. Hiral U Mehta(7003) For The Applicant(S) No. 1 Mr Utkarsh Sharma Agp For The Opponent(S) No. 1 Notice Served For The Opponent(S) No. 2

LL Citation: 2023 Livelaw (Guj) 157

Case Title: Nipun Praveen Singhvi Versus State Of Gujarat

Case No.: R/Writ Petition (PIL) No. 80 Of 2022

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