High Court stays RERA supersession amid pending selection process

Tribune News Service

Saurabh Malik

Chandigarh, March 17

Just days after the Real Estate Regulatory Authority (RERA) was “superseded” for four months or till the quorum’s completion, the Punjab and Haryana High Court has stayed the operation of the impugned order. The Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Judge Lapita Banerji also stayed all consequential orders passed thereafter.

The directions came after the Bench, among other things, was told during the course of hearing that IAS officer MS Jaggi was appointed as the Authority for four months or till the quorum’s completion and had also taken charge, “being the Secretary, Punjab Department of Housing and Urban Development”.

“Keeping in view the larger interest, especially, keeping in view the fact that the Authority has to exercise a very sensitive function as such of permissions to be given to builders and dealing with complaints against the builders, we are of the considered opinion that it would not be in the interest of justice if the supersession is allowed at this point of time,” the Bench asserted.

The order is significant as “supersession” would here refer to the Authority’s temporary suspension or replacement. The Bench was hearing a petition filed in public interest against the state of Punjab and other respondents by Keerti Sandhu and another petitioner though advocate Jatin Bansal and Harshit Kakani.

Appearing before the Bench, they contended that the ground for supersession was that one of the members had retired on January 5 and the chairman had resigned on February 7. The only member left was stated to be on leave till June.

Reference was also made to order dated October 7, 2022, whereby a single member was authorised to dispose of “the pendency of registration, extension of registration and revision of registration of the real estate projects”.

Taking up the matter, the Bench took note of the state’s submission that selection process was initiated in September last year in view of impending superannuation of a member in January. The Chief Justice was asked to constitute a selection committee and the process was underway. A scrutiny committee had also been formed and the next meeting was fixed for March 18 to appoint the member.

The Bench added that the order passed on March 12 never appointed any person or persons to exercise the powers in discharge of the functions to fill up the gap. A subsequent was passed the next day whereby an IAS was appointed as the Authority, the Bench observed while issuing notice of motion.

‘Has to exercise sensitive function’

“Keeping in view the larger interest, especially, keeping in view the fact that the Authority has to exercise a very sensitive function as such of permissions to be given to builders and dealing with complaints against the builders, we are of the considered opinion that it would not be in the interest of justice if the supersession is allowed at this point,” the Bench asserted. The order is significant as “supersession” would here refer to the Authority’s temporary suspension or replacement.

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