The Gujarat High Court upholds RERA’s authority to appoint commissioners.
AHMEDABAD: The Gujarat high court upheld the Gujarat Real Estate Regulatory Authority’s (GujRERA) decision to appoint court commissioners to inspect a project site and scrutinize its status on Tuesday, citing RERA’s authority to make such a meeting.
This case involved Keya Realty’s ‘Crystal Pramukh Commercial Hub’ project in Vadodara. The project began in 2013, and the developer sold 148 of the 376 housing units without registering the project with RERA.
RERA received 39 grievances against the developer, with some claiming that the developer accepted sale considerations but did not provide possession. Some even complained that the developer had taken a portion of the payment but had not kept promises, including the completion of the project.
RERA issued interim orders in January 2021 based on these complaints, requiring the developer to provide project details and status. RERA appointed two engineers as commissioners to investigate the project in order to ensure compliance. The developer questioned the RERA chairman’s authority to issue such directives and appoint court commissioners in the absence of a request.
Following a hearing, Justice Biren Vaishnav dismissed the developer’s petition, stating that RERA has the authority to issue such orders.