Punjab RERA is meant to be multi-member body: High Court - ECAS Punjab

Punjab RERA is meant to be multi-member body: High Court

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Saurabh Malik
Tribune News Service
Chandigarh, October 16

The Punjab and Haryana High Court has made it clear that the Punjab Real Estate Regulatory Authority (RERA) is meant to be a multi-member body and is expected to function as such. The Bench of Justice S Muralidhar and Justice Avneesh Jhingan asserted there was no provision in the Real Estate (Regulation and Development) Act, which envisaged the authority to function as single member while exercising quasi-judicial or adjudicatory functions.

Conclusions and directions

  • RERA's single member can't validly pass orders on a complaint under Real Estate (Regulation and Development) Act
  • The appellate tribunal's single member, too, cannot validly pass orders in appeals before it
  • RERA has power to examine the outcome of complaints, where refund and interest on the amount are sought
  • It also has power to determine matters where directions are sought for payment of interest for delayed delivery of possession, or penalty and interest thereon
  • The appellate tribunal's orders declining to waive pre-deposit were upheld

The Bench also quashed Regulations 7 and 8 of the Punjab RERA Procedure Regulations-2017. The Bench, during the course of the hearing, was told that the regulations delegated the authority's adjudicatory functions to a single member. The Bench asserted it was unable to sustain the validity of Regulations 7 and 8 and quashed them on the ground of being ultra vires.

The Bench upheld the appointment of former IPS officer Sanjiv Gupta as the authority member. But it also ruled that the judicial functions of the appellate tribunal in the state of Punjab could not be exercised by a single-member Bench. "Any order passed by a single-member Bench of the appellate tribunal will be null and void in law," it said.

The Bench also set aside orders passed by the appellate tribunal's single member for want of jurisdiction and "not on any other ground". The orders of the authority's single member, forming the subject matter of the appeals before appellate tribunal, were also set aside. "The result will be that the complaints will stand remanded to the authority to be disposed of in accordance with law," the Bench added.

from The Tribune https://ift.tt/3dA4JnF

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