Vincent D'Silva Appointed to Goa RERA Following High Court Directive
The State government has appointed retired district judge Vincent D'Silva as a member of the Goa Real Estate Regulatory Authority (RERA), replacing retired district judge Cholu Gauns. This change was made following directives from the High Court of Bombay
Goa ReraHigh Court DirectiveVincent DsilvaCholu GaunsReal Estate RegulationReal EstateOct 24, 2024
In a recent development, the Department of Urban Development notified D'Silva’s appointment through an amendment to its previous order, which was subsequently challenged by the new appointee. The notification reads, “In partial modification to the Notification … Vincent D’Silva, Retired District Judge-I & Additional Sessions Judge, Panaji-Goa, is hereby appointed as Member of the Goa Real Estate Regulatory Authority, Panaji-Goa in place of Cholu Gauns, Member, as per the directions of the High Court of Bombay at Goa in Writ Petition No. 2013 of 2024.”
Last month, the Division Bench of Justice M S Karnik and Justice Valmiki Menezes noted that the government failed to provide any justification for bypassing the recommendations of the duly constituted Selection Committee, which had placed D'Silva as the preferred candidate for the judicial member’s position under the Goa Real Estate (Regulation and Development) Act, 2016. The Bench then directed the government to quash Gauns’ appointment as a RERA member and appoint D'Silva to the post.
The Court observed that both D’Silva and Gauns, though holding adequate knowledge and requisite experience in the field of law, were considered by the Selection Committee to be the most suited for the position. D'Silva had challenged Gauns’ appointment, arguing that it violated the rules governing such selections.
The Goa Real Estate Regulatory Authority (RERA) is a statutory body established under the Real Estate (Regulation and Development) Act, 2016. It aims to regulate the real estate sector, promote transparency, and protect the interests of homebuyers. The authority ensures that developers adhere to the guidelines and provide necessary disclosures about projects, thereby fostering a fair and healthy real estate market in Goa.
Frequently Asked Questions
What led to the appointment of Vincent D'Silva as a member of Goa RERA?
Vincent D'Silva was appointed as a member of the Goa Real Estate Regulatory Authority (RERA) following directives from the High Court of Bombay at Goa. The court found that the government had failed to justify bypassing the recommendations of the Selection Committee, which had preferred D'Silva for the role.
Who was replaced by Vincent D'Silva at Goa RERA?
Retired District Judge Cholu Gauns was replaced by Vincent D'Silva as a member of the Goa Real Estate Regulatory Authority (RERA).
What is the role of the Selection Committee in the appointment process for RERA members?
The Selection Committee is responsible for reviewing and recommending candidates for the position of members in the Real Estate Regulatory Authority (RERA). The committee ensures that the candidates selected have the necessary qualifications and experience to serve in this role.
What does the Goa Real Estate Regulatory Authority (RERA) do?
The Goa Real Estate Regulatory Authority (RERA) is a statutory body established under the Real Estate (Regulation and Development) Act, 2016. Its primary functions include regulating the real estate sector, promoting transparency, and protecting the interests of homebuyers. RERA ensures that developers adhere to guidelines and provide necessary disclosures about projects.
What was the basis of D'Silva's challenge to Gauns' appointment?
D'Silva challenged Gauns' appointment on the grounds that it violated the rules governing such selections. The High Court of Bombay at Goa agreed with D'Silva and directed the government to quash Gauns’ appointment and appoint D'Silva to the post.
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