In a groundbreaking step to ensure transparency and accountability, the Haryana government has amended its Real Estate (Regulation and Development) Rules, 2017. The changes empower the government to initiate inquiries against the chairperson or members of the Haryana Real Estate Regulatory Authority (HRERA) and its Appellate Tribunal if prima facie evidence of financial impropriety or misuse of official position is found.
Key Grounds for Inquiry
The new provisions outline two primary conditions under which an inquiry may be initiated:
- If the chairperson or a member has acquired financial or other interests likely to prejudice their duties.
- If their actions have abused their position to the extent that their continuance in office would harm public interest.
The inquiry process is rigorous. In the case of HRERA, the state government conducts a preliminary inquiry through an officer of Additional Chief Secretary rank. For Appellate Tribunal officials, the preliminary inquiry is overseen by a retired Supreme Court judge.
Role of High Court and Supreme Court Judges
For HRERA officials, a sitting High Court judge will carry out the inquiry after consulting the Chief Justice of the High Court. In cases involving Appellate Tribunal officials, the inquiry is similarly handled but follows a preliminary review by a retired Supreme Court judge.
The judge conducting the investigation has powers akin to those of a civil court, including summoning witnesses, requiring document production, and recording affidavits. They are guided by principles of natural justice and have the authority to regulate procedural aspects.
Government’s Decision-Making Authority
The judge’s findings are submitted to the state government, which decides on the appropriate action. The government can remove the official if the allegations are substantiated or permit them to continue if proven otherwise.
Significance of the Move
This policy change marks a pivotal moment in Haryana’s governance. By introducing a system of judicial oversight, it aims to deter corruption and build trust in the real estate sector. The reforms reflect the government’s commitment to protecting homebuyers’ interests and maintaining transparency within HRERA and its Appellate Tribunal.
