Gujarat HC Urges State To Make Appointments To RERA Appellate Tribunal At The Earliest [Read Order]

The order was passed in a PIL filed by one Nipun Singhvi, seeking a declaration that the constitution of the Appellate Tribunal is corum non judice.

Section 45 of the RERA Act prescribes that the Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial member and other shall be a Technical or Administrative Member, to be appointed by the appropriate Government.

The Petitioner had prayed before the Court that an appropriate direction be made to the Government to make the Tribunal functional by appointment of Chairperson, Technical and Administrative Members and allotment of necessary space.

The Division Bench comprising Chief Justice Vikram Nath and Justice JB Pardiwala disposed of the plea while urging the Government to "make the appointments at the earliest".

The petition was disposed of in view of the submissions made by the Government Pleader that the selection of Administrative and Technical Members had already been made by the Selection Committee. Further, process for appointment of the Chairperson was also in advance stage of consultation.

With regard to allotment of sufficient space for the Tribunal premises, the Government had submitted a detailed note stating that sufficient space had been allotted.

"In view of the above, this Public Interest Litigation does not require any further consideration and accordingly stands disposed of.

We, however, expect the State to make the appointments at the earliest in view of the statement made," the order read.

Case Details:

Case Title: Nipun Praveen Singhvi v. State of Gujarat

Case No.: WP PIL No. 208/2019

Quorum: Chief Justice Vikram Nath and Justice JB Pardiwala

Appearance: Advocates Vishal J Dave and Hiral U Mehta (For Applicant); Government Pleader Manisha Lavkumar Shah (For State)

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