Goa RERA Appointment Quashed: HC Orders Induction of Retired Judge Vincent D'Silva
The Bombay High Court at Goa has set aside the State government's notification appointing retired District Judge Cholu Gauns as a member of the Goa Real Estate Regulatory Authority (RERA) and directed the appointment of retired District Judge Vincent D'Si
Goa ReraBombay High CourtReal Estate Regulatory AuthorityVincent DsilvaCholu GaunsReal EstateSep 21, 2024
The Selection Committee, headed by a Senior Bombay High Court judge and including the Housing Secretary, Law Secretary, and Urban Development Secretary, had shortlisted two candidates, with D'Silva as their first preference. However, the State government opted for Gauns, prompting D'Silva to seek legal intervention.
Senior Advocate Cleofato Almeida Coutinho, representing D'Silva, argued that the government's decision was arbitrary and in violation of the Act and Rules. He emphasized that the Selection Committee had clearly preferred D'Silva, only recommending Gauns if D'Silva was unwilling to accept the position.
The court rejected the government's arguments, emphasizing that while the Selection Committee's recommendation may not be binding in the strict sense, the government cannot arbitrarily ignore it without valid reasons. The court quashed Gauns' appointment and directed the government to appoint D'Silva as a member of RERA.
In its order, the court stated, 'The decision of the Government taken on June 30, 2024 to appoint Shri Cholu Gauns be quashed aside and set aside and by an order of mandamus, the Chief Secretary and the Director of Urban Development be directed to appoint the petitioner as Member of GOA RERA.'
The appointment of D'Silva as a member of RERA is expected to bring transparency and accountability to the real estate sector in Goa. The decision is also seen as a victory for the rule of law and the principles of natural justice.
Information
The Goa Real Estate Regulatory Authority (RERA) was established under the Real Estate (Regulation and Development) Act, 2016. The Act aims to regulate the real estate sector and protect the interests of homebuyers.The Goa Real Estate Regulatory Authority (RERA) is a regulatory body established by the Government of Goa to regulate the real estate sector in the state.
Frequently Asked Questions
What is the Goa Real Estate Regulatory Authority (RERA)?
The Goa Real Estate Regulatory Authority (RERA) is a regulatory body established by the Government of Goa to regulate the real estate sector in the state.
Who was appointed as a member of RERA by the State government?
Retired District Judge Cholu Gauns was appointed as a member of RERA by the State government.
Who challenged the government's decision in court?
Retired District Judge Vincent D'Silva challenged the government's decision in court.
What was the court's decision?
The court quashed Gauns' appointment and directed the government to appoint D'Silva as a member of RERA.
What is the significance of the court's decision?
The court's decision is seen as a victory for the rule of law and the principles of natural justice, and is expected to bring transparency and accountability to the real estate sector in Goa.
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