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Synopsis

The Allahabad High Court last week asked the state government to fill the vacancies at the Uttar Pradesh Real Estate Appellate Tribunal at the earliest. 

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla observed that though the tribunal has been constituted, it has become defunct due to non-availability of a Judicial Member, an Administrative Member, and a Technical Member.

"For activating the functioning of the Tribunal, the benches have to be constituted in accordance with Section 43(3) of the Real Estate (Regulation and Development) Act, 2016," the bench said. 

Earlier, the court was informed that a meeting of the Selection Committee for the selection of a Judicial Member had taken place on August 4, 2023, but the name of the Judicial Member was yet to be recommended for appointment by the Committee constituted in accordance with Section 46(3) of the Act, 2016.

On October 13, 2023, when it was revealed before the division bench that the tribunal had ceased to function due to the retirement of Technical Member on September 26, 2022, and in absence of the Administrative Member since September 30, 2022, and even though this information had been brought to the notice of the State Government but no appointments had been made, the court had directed the Additional Chief Standing Counsel to obtain instructions as to whether there was any mechanism of inviting applications for being placed before the Selection Committee insofar as the appointment of Judicial/ Administrative Members of the Tribunal was concerned.

On October 26, insofar as the status of the Administrative Member was concerned, it was brought to the notice of the court that ever since the date of his appointment and joining i.e. on September 26, 2022, he had not worked for more than a single day.

The reason for such non working was given that the son of the Administrative Member was suffering from cancer.

"There may be genuine reasons for absence but functioning of the Tribunal and public interest of a judicial organ, cannot be allowed to suffer, on account of personal difficulties faced by a Member," the division bench said. 

"The Administrative Member certainly has been appointed after his retirement from Indian Administrative Service. Any appointment for manning such posts, is primarily aimed at to make the judicial process active and its functioning cannot be brought to a grinding halt on account of any personal difficulty whatsoever. The availability of an Administrative Member is an essential concomitant of making the whole procedure as functional without which a Bench cannot be formed," the bench underscored. 

Further, when the court was apprised by the counsel for the state that the process has been initiated for the appointments on vacant positions in the Tribunal, the court opined that "in view of the prevailing situation, the statutory committee prescribed under the Act, 2016 may make an endeavor to proceed with the selection of Administrative Member as well as Technical Member in the meantime so that the functioning of the Tribunal is effectuated to serve the purpose of law".

Court, accordingly, ordered the Senior Registrar of the high court to place a copy of the present order before the Chief Justice, who is the Chairman of the Statutory Committee by virtue of Section 46(3) of the Act, 2016.

The Senior Registrar shall also apprise this Court about the outcome of any further proceedings taken up by the Selection Committee or search committee in the meantime, the division bench ordered. 

Furthermore, on submission of the counsel for the Tribunal that for an effective functioning of the Tribunal, the State Government has not allocated the funds as per the sanctioned budget, court directed the state government to apprise the Court as to the manner in which the sanctioned budget is allocated and released to the Tribunal.

"A personal affidavit may be filed by Additional Chief Secretary/Principal Secretary in this regard," the court ordered while posting the matter on November 8, 2023 for next hearing. 

Case Title: M/S Alpha Corp Development Pvt. Ltd. Punjab Thru. Authorised Signatory v. State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Deptt. Govt. Of U.P. Lko. And Others