Allahabad HC Mulls To Initiate Suo Moto PIL Over Non-Execution Of Recovery Certificates Issued By RERA
The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put...
The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA).
The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put in place.
The bench of Justice Rajan Roy and Justice Om Prakash Shukla observed that since the matter of non-execution of recovery certificates issued by RERA pertains to the larger public interest, the Court will consider registering a suo moto Public Interest Litigation.
“We will consider registration of suo moto Public Interest Litigation in this regard as the larger public interest of the complainants who have already approached and got an adjudication from RERA is involved and is being prejudiced on account of non-execution of recovery certificates.”
The Court has directed the personal affidavit of the District Magistrate, Lucknow, to disclose details of all certificates of execution received from RERA and the status of the execution proceedings.
The case is directed to be listed on 27.05.2024.
Counsel for Petitioner: Ashish Srivastava
Counsel for Respondent: Shobhit Mohan Shukla
Case Title: Shakuntala Mishra v. District Magistrate And 2 Others [WRIT - C No. - 3577 of 2024]