Plea in Gujarat High Court seeks appointment of chairperson, technical member to Gujarat Real Estate Appellate Tribunal

A plea was filed before the Gujarat High Court praying for the Court to pass directions for the appointment of a chairperson and technical member in the Gujarat Real Estate Appellate Tribunal. (Nipun Praveen Singhvi vs State of Gujarat & Ors).The Public Interest Litigation stated that the coram of the Appellate Tribunal currently only consists of one judicial member and was ultra vires of Articles 13, 14, 19 and 50 of the Constitution as well as Section 43 (3) of the Real Estate (Regulation and Development) Act, 2016..The Petitioner relied on the judgment of the Supreme Court in Union of India vs. R. Gandhi, President of Madras Bar Association where norms relating to the composition and qualification of tribunals were spelt out with a view to meet two goals.First, that tribunals remain independent from executive’s influence and second that tribunals are staffed with persons who possess adequate judicial and technical experience and are capable of administering justice in a fair and impartial manner..The petitioner pointed out that the constitution and functioning of the Gujarat Real Estate Appellate Tribunal were contrary to the norms laid down in the above-mentioned Constitution Bench judgment. “The Gujarat Real Estate Appellate Tribunal has extensive powers to deicide on complicated issues and disputes in the field of real estate.. In these circumstances, a body that lacks technical expertise and experience cannot be mandated with the task of adjudicating on the scope and protection of real estate,” submitted the petitioner. .Further, it was stated that the absence of a chairperson and technical member was causing grave hardships to all stakeholders since the Tribunal could not function with only one judicial member.“It is a fit case where this Hon’ble Court and guardian of the Constitution step in and pass orders so that the functioning of Respondent Tribunal is not put in jeopardy due to non-appointment of Chairperson and Technical Member,” the plea said..Th petition comes shortly after the Supreme Court took strong exception to the Centre’s approach towards filling of vacancies in tribunals.A Bench of Justices Sanjay Kishan Kaul and MM Sundresh of the Supreme Court had said that if the government is not inclined to continue with tribunals, it should abolish them.A Bench headed by Chief Justice of India NV Ramana has also frequently been pulling up the government for its lackadaisical approach towards tribunals.