In a significant ruling, the Karnataka High Court has affirmed that the appointment process for the chairperson and members of the Real Estate (Regulation and Development) Act (RERA) Appellate Tribunal cannot be stalled due to the upcoming Lok Sabha elections. This decision comes amidst concerns raised regarding the functioning of the tribunal, the need to address vacancies, and the imperative to avoid delay appointments to ensure timely resolution of real estate disputes.
Background: The matter came before Justice M Nagaprasanna, with Advocate General Shashikiran Shetty raising concerns about the impact of the elections on fulfilling the court’s previous order regarding the appointment of tribunal members. Earlier, on February 26, the Karnataka High Court emphasized the state’s responsibility to fill vacancies in the RERA tribunal, highlighting the adverse effects of its non-functionality on the pendency of cases.
Court’s Directive:
In response to the pressing issue of vacancies in the RERA Appellate Tribunal, the court directed that appointments must proceed without delay, despite the impending elections. It emphasized the urgency of filling the vacancies within three weeks, further urging authorities to identify a replacement for a tribunal member set to retire in April.
Importance of Timely Appointments:
The functioning of the RERA Appellate Tribunal plays a crucial role in resolving disputes related to real estate transactions and ensuring compliance with regulatory provisions. Delay appointments not only hinder the tribunal’s effectiveness but also contribute to the backlog of cases, ultimately affecting the interests of stakeholders in the real estate sector.
Ensuring Justice and Efficiency:
By upholding the imperative for timely appointments to the RERA Appellate Tribunal, the Karnataka High Court reaffirms its commitment to ensuring justice and efficiency in the resolution of real estate disputes. The court’s directive underscores the importance of a functional tribunal in safeguarding the rights of homebuyers and promoting transparency and accountability in the real estate industry.
Conclusion: The Karnataka High Court’s ruling serves as a reminder of the judiciary’s role in upholding the principles of accountability and efficiency in governance. By prioritizing the appointment process for the RERA Appellate Tribunal, the court aims to mitigate delays and strengthen the framework for resolving real estate disputes, thereby fostering confidence among stakeholders and promoting the rule of law.