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The bench orally asked the government pleader to appraise the court if there was any provision under the law for filling up the vacancies. If not, the bench suggested that the government could take a policy decision to fill up vacancies three months before the vacancy arises
The Bombay High Court has issued a notice to the State of Maharashtra in a Public Interest Litigation (PIL) seeking to fill up the vacancies in the Maharashtra Real Estate Development Authority and the Maharashtra Real Estate Appellate Authority.
The division bench of the high court, comprising Chief Justice Devendra Upadhyay and Justice Amit Borkar, was hearing a PIL filed by the RERA Practitioner’s Welfare Association (RPWA) seeking to fill the vacancies.
The advocate appearing for the petitioner informed the bench that after the petition was filed in the high court, the government made appointments in both RERA and the appellate body. However, he pointed out that the timely unfilled vacancies caused various functions of the bodies to come to a standstill.
On the high court’s query about whether there was any provision in the RERA Act 2016 or any regulations made thereunder regarding the process for filling up vacancies, the advocate said he did not find any such provision.
The high court then issued a notice to the state government and asked the government pleader to take instructions on the procedure followed by the state government for filling up the vacancies.
“Assistant Government Pleader to seek complete instructions, especially as to the procedure followed by the state to fill up the vacancy for authority (RERA) and appellate body under 2016 act,” the order states.
The bench orally asked the government pleader to appraise the court if there was any provision under the law for filling up the vacancies. If not, the bench suggested that the government could take a policy decision to fill up vacancies three months before the vacancy arises.
Case title: RPWA vs State of Maharashtra
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