High Court Directs State To Submit Timeline For Filling Long-Vacant Posts In Jharkhand RERA

The Jharkhand High Court has directed the State to submit a timeline for appointments to the post of Chairman, Adjudicating Officer and other vacant positions of the Jharkhand Real Estate Regulatory Authority (JHARERA).The Division Bench comprising Chief Justice M. S. Ramachandra Rao and Justice Rajesh Shankar in its direction said, “Timeline for completing the appointment process to the post of Chairman, Adjudicating Officer and other vacant positions of the Jharkhand Real Estate Regulatory Authority be indicated by the respondents on the next date of hearing through supplementary affidavit.”This development comes in a PIL filed by one Shashi Sagar Verma seeking promptly filling up long-vacant positions at JHARERA.According to the petition, the post of Adjudicating Officer has been lying vacant since November 2022, and there has been no regular Chairman since January 2021, with the authority being run only by acting Chairpersons in the interim. The petitioner claims that as per RTI, 67 cases remained pending before JHARERA, including 45 complaints, 16 execution petitions, and 6 miscellaneous matters.The plea claims that the failure of the Respondents in appointing an Adjudicating Officer and filling other vacant posts violates fundamental right under Article 14, which casts positive obligation on the State to ensure smooth functioning of the public redressal institutions. The petitioner further argues that litigants who have cases pending before the tribunal are denied their right to have their disputes adjudicated in a time bound manner, whereas other litigants in functioning tribunals are receiving their due hearing and adjudication, and this disparity in access to justice results in unequal treatment of similarly placed individuals.Further, petitioner cited Rule 19 of the Jharkhand Real Estate (Regulation and Development) Rules, 2017, which provides that as and when the vacancies for chairperson or any other members in the Authority exist or likely to arise, the State Government may make a reference to the Selection Committee in respect of the vacancies to be filed as per the provision of Section 21 of The Real Estate (Regulation And Development) Act, 2016. It also states that the appointment should be made expeditiously. The petitioner also cited Rule 21A of the Jharkhand Real State (Reg. and Dev.) Rules 2017 which provides that as and when vacancy of adjudicating officer in the authority exists or is likely to arise, the authority shall make a reference to the Urban Development & Housing Department and the Department may make a reference to the Selection Committee constituted for selection of Chairperson and members of Authority with reference to Section 71 of The Real Estate (Regulation And Development) Act, 2016.However, despite representation made to the concerned authorities to fill the vacant positions on 26.09.2024, the petitioner has alleged in the PIL that till date there has been no positive response regarding the same.The matter is now listed for further hearing on June 17.Case Title: Shashi Sagar Verma v. State of Jharkhand & Ors.Click Here To Read Order

High Court Directs State To Submit Timeline For Filling Long-Vacant Posts In Jharkhand RERA

Bhavya Singh

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