Rules set for probe against RERA Bench heads, tribunal

After extensive deliberations, the Town and Country Planning Department has finally established rules for conducting inquiries against chairpersons or members of the Real Estate Regulatory Authority (RERA) and the Appellate Tribunal.

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Previously, despite receiving complaints, there was no mechanism under the Haryana Real Estate (Regulation and Development) Rules, 2017, to address such issues. Haryana currently has two RERA Benches, one in Panchkula and the other in Gurugram. Additionally, there is a Real Estate Appellate Tribunal. The RERA Benches were set up to ensure the transparent sale of plots, apartments, or buildings, protect consumer interests, and establish an adjudicating mechanism for speedy dispute resolution. To hear appeals against decisions made by the Benches, the tribunal was also established.

According to a notification dated December 23, in the event of a complaint against the chairperson or a member of RERA, a preliminary inquiry will be conducted by an officer not below the rank of Additional Chief Secretary (ACS) who has served in Haryana.

The government also reserves the right to initiate a preliminary inquiry on suo motu cognisance of a matter against the chairperson or a member of the authority.

Following the preliminary inquiry and after obtaining comments from the concerned chairperson or member, if the state government determines that a prima facie case exists for further investigation, it may, in consultation with the Chief Justice of the High Court, appoint a sitting judge to conduct the inquiry, according to the notification issued by ACS, Town and Country Planning Department, AK Singh.

The appointed judge will have the powers of a civil court to summon and enforce the attendance of individuals, examine them under oath, require the discovery and production of documents, and receive evidence.

Based on the judge's report and recommendations, the government will issue an order deciding whether to remove the chairperson or member of the Authority.

In cases involving charges against the chairperson or a member of the Appellate Tribunal, the state government will conduct a preliminary inquiry through a retired Supreme Court judge. The government may also take suo motu cognisance of a matter to initiate a preliminary inquiry.

Following the preliminary inquiry and after obtaining comments from the chairperson or member concerned, if the government finds a prima facie case for further investigation, it may, in consultation with the Chief Justice of the Punjab and Haryana High Court, appoint a sitting judge to conduct the inquiry.

The state government will forward to the appointed judge copies of the “statement of charges against the chairperson or members of the Appellate Tribunal,” along with “material documents and other evidence relevant to the inquiry”.

The government can suspend the chairperson or member of the tribunal under inquiry until it issues an order based on the judge’s report, stated the notification.