The Orissa High Court has directed the State Government to make the Real Estate Appellate Tribunal functional within a period of 15 days.
Justice BR Sarangi passed this landmark judgment with a caution that a failure to execute the order within specified time would be construed as contempt of High Court and suo motu contempt proceedings would be initiated against the opposite parties i.e. concerned functionaries of the State Government.
The court made this judgment while disposing of free writ petitions recently.
The High Court pointed out that the tribunal should be made functional in the interest of litigants at the earliest as Chairperson and Members have been appointed for long.
It may be noted that the Real Estate Regulation and Development Act came into force in 2016 and rules for execution have been framed.
Now, the Real Estate Regulatory Authority (RERA) is passing various orders, considering various grievances of the realtors. As per provisions of the law, the RERA orders can be challenged before the Real Estate Appellate Tribunal. Though the Government has appointed Chairman and two others members for the tribunal, still it has not been made functional. Litigants are facing various difficulties for this.
In absence the tribunal, aggrieved parties are approaching Orissa High Court for reddressal of their grievances. Three writ petitions relating to Vipul Limited and Hitech Estate Promoters were taken together for final disposal before the High Court.
It is revealed from the judgment that a high-level committee meeting was held in March 2020 with regard to various requirements to make the tribunal functional. In the said meeting it was decided that some staff of the erstwhile Odisha Administrative Tribunal (OAT) in this new forum. Despite repeated reminders, such proposals are still pending with the Government. No action has been taken to supply office stationary, law books, logistic support etc to the new forum. The Appellate Tribunal is yet to be given financial autonomy also.
After hearing all the parties Justice Dr. Sarangi observed, ‘It clearly indicates the apathetic attitude of the State Government in not allowing the Statutory Appellate Tribunal to function in accordance with law, which itself amounts to causing obstructions in course of administration of justice.’
The High Court has further directed to absorb 19 employees of OAT in the appellate forum and create posts as per discussion taken in the high-level committee meeting on March 6, 2020. The court also directed to expedite the renovation work of the permanent site of the tribunal and till then a temporary accommodation provided to the tribunal.