Kashinath Jairam Shetye And 4 ORS., v. The State Of Goa, Thr. Chief Secretary And ANR.,

1 pilwp18-17-dt.18-10-19 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WP NO.18 OF 2017 Kashinath J. Shetye and others.

..... Petitioners.

Versus

State of Goa and others.

...... Respondents Mr. D. J. Pangam, Advocate General with Mr. Deep Shirodkar, Additional Govt. Advocate for the Respondents. Coram : M.S. Sonak & Nutan D. Sardessai, JJ.

Date : 18 th October, 2019.

P.C.:- In our order dated 25/09/2019, we had noted that there are basically two issues that remained unresolved in this Petition. The first issue concerns the appointment/designation of the Appellate Authority under the Real Estate (Regulation and Development) Act, 2016 (said Act).

2.

The aforesaid first issue stands resolved by order dated 11/09/2019 made by the Government, designating the Appellate Tribunal, constituted under the Goa Administrative Tribunal Act, 1965 to be the Appellate Tribunal to hear the appeals under the said Act with immediate effect.

3.

The second issue concerns the appointment of a

2 pilwp18-17-dt.18-10-19 Chairperson and Members of the Real Estate Regulatory Authority under the provisions of the said Act.

4.

Today, Mr. D. Pangam, learned Advocate General has produced on record a Notification dated 16 th October, 2019, appointing Shri S. Kumaraswamy, IAS (Retd.), as the Chairperson, Shri J.B. Singh, IAS (Retd.) as one of the Members and Shri P.V. Kamat (Retd. District Judge) as the second Member. The Notification dated 16 th October, 2019 reads thus :

"DEPARTMENT OF URBAN DEVELOPMENT NOTIFICATION -- No.1/RERA/Chairman & Members/2018/2200 Read : Government Order No.10/0204/2012- DMA(Part)/3343 dated 6 th February, 2019, published in the Official Gazette, Series II No.46 dated 14 th February, 2019.

In exercise of the powers conferred by sub-section (1) of section 20, read with sections 21 and 22 of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016), the Government of Goa hereby establishes the Real Estate Regulatory Authority for the State of Goa, and, on the recommendations of a Selection Committee, appoints the following persons as the Chairperson and Members of the Authority.

(1) Shri S. Kumaraswamy, IAS (Retd.) .... Chairperson.

(2) Shri J.B. Singh, IAS (Retd.) .... Member.

(3) Shri P.V. Kamat (Retd. District Judge) .... Member.

3 pilwp18-17-dt.18-10-19 By Order and in the name of the Governor of Goa.

Sd/- Dr. Tariq Thomas, IAS, Director & ex officio Addl.

Secretary (Urban Development) Panaji, 16 October, 2019.

"

5.

Accordingly, even the second issue stands resolved 6.

The Petition is, accordingly, disposed of.

Nutan D. Sardessai, J. M.S. Sonak, J.