"Due To DM's Inaction Unavoidable RERA Cases Coming To Court": Allahabad HC Seeks GB Nagar DM Suhas LY's Personal Presence

The Allahabad High Court on Monday sought the personal presence of the District Magistrate of Gautam Budh Nagar, Suhas LY while observing that due to his inaction 'unavoidable' RERA cases were coming to the Court.

The Bench of Acting Chief Justice (ACJ) Munishwar Nath Bhandari, and Justice Piyush Agrawal has asked him to remain presentbefore the Court on October 4, 2021, to explain his inaction in reference to the recovery certificate issued by RERA Authority in several cases. 

The Court was hearing a plea filed by Priya Kapahi and another for the recovery of the advance money given for a flat in Eco Village 4 in Greater Noida as the developer of the project failed to give possession of the flat to her within time.

Ordering his personal appearance, the Court observed thus:

"The present matter is old by more than 2 and half years to make a recovery pursuant to the order passed by the RERA Authority but no action is apparently available. The District Magistrate would come out with the details of all the pending matters for a recovery pursuant to the order passed by the RERA Authority"

Lastly, the Court also observed that it would pass appropriate order if no justification is found in the inaction of the District Magistrate, Gautam Buddh Nagar.

Importantly, as per a report of the Hindustan Times, the Gautam Budh Nagar district magistrate, Suhas LY, has said he has informed the Uttar Pradesh government that the action in the cases got delayed due to a delay in e-auction of properties, and he will also inform the court about this on October 4.

In another matter, the bench has directed the sub-divisional magistrate of Greater Noida, Gautam Budh Nagar, to appear before it on September 28 and put forth an explanation as to why no action had been taken by him to execute an order passed by the RERA authority.

"It seems to be a deliberate move. An explanation is to be given by the officer, and if the justification is not found to be appropriate, the court will take action against the erring officer," observed the court.

Case title - Priya Kapahi And Another v. State Of U.P. And 5 Others

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