The Gujarat High Court has observed that there is a considerable delay on the part of the State Government in filling up the posts of Chairperson and Technical Member of Gujarat Real Estate Appellate Tribunal for a period of more than two years, and as such, “it is necessary to observe that no such situation should arise in future.”
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee heard a Public Interest Litigation (PIL) filed raising an issue with regard to non-appointment of Chairperson and Technical Member of Gujarat Real Estate Appellate Tribunal, under Section 43 of the Gujarat Real Estate (Regulation and Development) Act, 2016, for a considerable period of time.
The High Court noted that the petition has been filed in the month of September-2022, seeking to fill up the vacancies which arose in the month of June-2021 on account of expiry of the tenure of the then Chairman and September-2021 with respect to the Technical Member.
Utkarsh Sharma Additional Government Pleader (AGP) has pointed out that the vacancies have now been filled up and the Appellate Tribunal is operational.
However, the Court noted that the vacancies have been filled up only in the month of September-2023, after the directions issued by the Court.
“For the aforesaid, while rendering the writ petition as infructuous, we are constrained to observe that there is a considerable delay on the part of the State Government in filling up the posts for a period of more than two years, and as such, it is necessary to observe that no such situation should arise in future”, the order reads.