A recent directive issued by the High Court of Judicature at Allahabad, Lucknow Bench, in response to WRIT – C No. 3577 of 2024, has significant implications for the execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The case involving petitioner Shakuntala Mishra and respondents, including the District Magistrate, underscores the court’s commitment to addressing delays in the execution process and protecting the rights of complainants.
The judgment outlines several key directives aimed at streamlining the execution of RERA-issued certificates:
- District Magistrate Monitoring: The District Magistrate, Lucknow, has been tasked with monitoring the execution of RERA-issued certificates on a monthly basis. Delays in execution will be taken seriously by the court.
- Active Court Monitoring: The court will actively monitor the execution of such cases to ensure timely resolution.
- Affidavit Requirement: The District Magistrate is required to file an affidavit within three weeks, providing details of all RERA certificates received and their execution status.
- Consideration of PIL: The court is considering the possibility of registering a suo moto Public Interest Litigation (PIL) due to the larger public interest involved. Non-execution of recovery certificates prejudices complainants who have already approached RERA.
- Future Proceedings: The case is listed for further proceedings on 27.05.2024.
- Effect of Recovery Certificate: The recovery certificate in question will be given effect unless there are legal impediments.
This directive highlights the court’s commitment to ensuring the timely execution of recovery certificates and protecting the rights of complainants. The case of Shakuntala Mishra serves as an important precedent, emphasizing the judiciary’s role in addressing delays and inefficiencies in the execution process.
The directive issued by the High Court of Judicature at Allahabad, Lucknow Bench, underscores the importance of timely execution of recovery certificates issued by RERA. By actively monitoring the execution process and holding authorities accountable, the court aims to safeguard the interests of complainants and uphold the integrity of the real estate regulatory framework.
