Delhi High Court: RERA Vacancies Expedited, Govt Must Act

• The Delhi High Court directed the Delhi government to expedite the process of filling vacancies in the Real Estate Regulatory Authority.
• The government has been ordered to file an affidavit regarding the appointments within two weeks, with a specific emphasis on judicial members.
• The directive followed a petition highlighting that the Chairperson's post has been vacant since August 11, 2026, and a member's post since December 2025.
• Petitioners alleged that the absence of a reference to the Selection Committee under Delhi RERA Rules, 2016, prevents adherence to the 90-day selection timeline mandated by RERA Act Section 24(3).
• Currently, the Delhi RERA operates with only a technical member, lacking a Chairperson and a judicial member.

The Delhi High Court has mandated that the Delhi government accelerate its efforts to fill critical vacancies within the Real Estate Regulatory Authority, emphasizing the urgent need for a fully constituted body to ensure effective regulatory oversight.

The Delhi High Court has mandated that the Delhi government accelerate its efforts to fill critical vacancies within the Real Estate Regulatory Authority, emphasizing the urgent need for a fully constituted body to ensure effective regulatory oversight. A Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, issued a directive on Wednesday, instructing the government to submit an affidavit detailing the progress of these appointments within a two-week timeframe. The court specifically highlighted the importance of appointing judicial members without delay.

This decisive action by the Delhi High Court underscores the judiciary's commitment to ensuring the proper functioning of regulatory bodies. The order explicitly calls for the process of filling these crucial posts to be expedited, reflecting concerns over the current operational capacity of the Delhi RERA. The directive for an affidavit serves as a mechanism to monitor compliance and maintain accountability regarding the Delhi RERA appointments High Court has deemed essential.

The court's intervention stemmed from a petition filed by advocates Aishwary Jain and Deeptanshu Jain. Their plea sought an interim arrangement allowing the outgoing Delhi RERA Chairperson, Anand Kumar, to continue in his role until a successor could be appointed. The Chairperson's position became vacant on August 11, 2026, following Mr. Kumar reaching the age of 65, while another member's post has been unoccupied since December 2025.

The petitioners argued that the delay in appointments was exacerbated by the alleged failure to refer the matter to the Selection Committee, as stipulated under Rule 17 of the Delhi RERA Rules, 2016. This omission, they contended, makes it impossible to adhere to the 90-day selection timeline mandated by Section 24(3) of the RERA Act. Senior Advocate Sanjeev Sagar, representing the petitioners, highlighted that the RERA is statutorily required to comprise a Chairperson, a judicial member, and a technical member, but currently, only a technical member remains due to the demission of office by both the Chairperson and the judicial member.

The incomplete composition of the Delhi RERA, with only a technical member currently serving, raises significant concerns about its ability to effectively discharge its duties. A fully staffed authority is crucial for timely project registrations, efficient dispute resolution, and overall enforcement of the Real Estate (Regulation and Development) Act. The Delhi government RERA vacancies, if left unaddressed, could lead to operational bottlenecks and undermine the protective framework intended for homebuyers and developers alike.

The High Court's directive to expedite the Delhi High Court RERA vacancies expedited process is a critical step towards restoring the full functionality of the regulatory body. Compliance with the RERA Act Section 24(3) Delhi and the Delhi RERA Rules 2016 appointments procedures is paramount to ensure that the authority can fulfill its mandate, providing a stable and transparent environment for the real estate sector in the capital.

Lawyers advising real estate developers and homebuyers in Delhi should closely monitor the Delhi government's expedited process to fill RERA vacancies, as a fully constituted authority is critical for ensuring efficient dispute resolution, project registrations, and overall regulatory compliance, directly impacting client timelines and legal strategies.

Source: Original reporting via legal news sources.