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Synopsis

The Allahabad High Court recently observed that despite orders of the court, often execution of recovery certificates issued by RERA remain pending. "No effective mechanism has been put into place", court said. 

The court was dealing with a writ petition where execution of a RERA recovery certificate dated July 21, 2023, remained pending against the opposite party.

The bench of Justices Rajan Roy and Om Prakash Shukla directed the District Magistrate, Lucknow to ensure monitoring of execution of such certificates issued by the RERA authorities on monthly basis.

"Any delay in this regard will be taken seriously by this Court," said the court clarifying that it will now oversee the progress of such cases.

Court also sought personal affidavit of the District Magistrate, Lucknow in the matter. "He shall give the details of all such Certificates received from RERA and status of its execution," court ordered. 

Importantly, court hinted to initiating a Public Interest Litigation on the issue. 

"We will consider registration of suo moto Public Interest Litigation in this regard as the larger public interest of the complainants who have already approached and got an adjudication from RERA is involved and is being prejudiced on account of non-execution of recovery certificates," the division bench noted. 

Furthermore, regarding the matter at hand, court directed that the concerned recovery certificate shall be implemented, unless any legal obstacle arises, in which case the court should be notified at the next hearing.

The matter will be next heard on May 27, 2024. 

Case Title: Shakuntala Mishra v. District Magistrate And 2 Others