The Allahabad High Court has requested the government to clarify how the search committee for appointing members to UPREAT operates. 

The panel of Judges, consisting of Justices Attau Rahman Masoodi and Om Prakash Shukla, was presiding over a petition that raised a significant concern regarding the operations of the Uttar Pradesh Real Estate Appellate Tribunal. The petition highlighted the issue of the legal process coming to a standstill within this tribunal.

In this particular case, an application for an extension of time has been submitted. The basis for this request is the fact that the Tribunal, which consists of four members, including the Chairperson, has become non-operational due to the retirement of the Technical Member on September 26, 2022. Additionally, with the Administrative Member absent since September 30, 2022, the Tribunal is facing difficulties in assembling a bench on the administrative side.

It has been reported that currently, apart from the Chairperson, only one Administrative Member, namely Mr. M.C. Jauhari, a retired IAS officer, briefly presided over the Court for a day or two following his appointment on September 26, 2022.

The High Court has noted that although information about the absence of an Administrative Member has been conveyed to the State Government, the State Government has not taken any action on this matter. It is also unclear whether the State provides any financial benefits to the Administrative Member or not. In any case, the Court emphasized that the operation of the Tribunal cannot be neglected or allowed to continue under such circumstances.

The bench examined Rule 26 of The Uttar Pradesh Real Estate (Regulation and Development) Rules, 2016 and pointed out that the law establishes a Statutory Committee for the purpose of making essential selections. This Selection Committee is authorized to create a Search Committee under the Rules to carry out its functions.

The High Court has granted Mr. Prakhar Mishra, the Additional Chief Standing Counsel, a two-day extension to gather information and instructions regarding whether there exists a mechanism for soliciting applications to be considered by the Selection Committee concerning the appointment of Judicial or Administrative Members of the Tribunal.

Given the circumstances mentioned above, the bench has scheduled the matter for further consideration on October 26, 2023.

case:  M/S Alpha Corp Development Pvt. Ltd. v. State Of U.P., WRIT – C No. – 7681 of 2023.