The Jharkhand High Court has asked the State Government to submit a clear timeline for appointing officials to long-vacant positions in the Jharkhand Real Estate Regulatory Authority (JHARERA). This includes the crucial posts of Chairman, Adjudicating Officer, and other key roles necessary for the authority’s effective functioning.
A Division Bench led by Chief Justice M. S. Ramachandra Rao and Justice Rajesh Shankar issued this direction while hearing a Public Interest Litigation (PIL) filed by Shashi Sagar Verma. The PIL raises serious concerns over the inaction by the State in filling up these posts.
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“Timeline for completing the appointment process to the post of Chairman, Adjudicating Officer and other vacant positions of the Jharkhand Real Estate Regulatory Authority be indicated by the respondents on the next date of hearing through supplementary affidavit.” – Jharkhand High Court (Order dated 23.04.2025)
The matter has now been listed for further hearing on June 17, 2025.
According to the PIL, the Adjudicating Officer’s post has remained vacant since November 2022. Additionally, there has been no permanent Chairman since January 2021, with the authority operating only under acting chairpersons. The petitioner highlighted that this administrative gap has significantly impacted the functioning of JHARERA.
A Right to Information (RTI) response submitted in the petition revealed that 67 cases are currently pending before the authority. These include 45 complaints, 16 execution petitions, and 6 miscellaneous matters, all awaiting resolution.
The petitioner argued that the ongoing delay in filling the vacancies violates the fundamental right to equality under Article 14 of the Constitution. This inaction results in denial of justice, as litigants are unable to get their grievances heard in a timely manner. While other tribunals are actively adjudicating cases, individuals relying on JHARERA face prolonged delays, creating unfair treatment among similarly placed persons.
The petition referred to Rule 19 of the Jharkhand Real Estate (Regulation and Development) Rules, 2017. This rule mandates the State Government to make a timely reference to the Selection Committee for filling vacancies as per Section 21 of the Real Estate (Regulation and Development) Act, 2016.
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Further, the petitioner highlighted Rule 21A of the same Rules, which obligates the authority to inform the Urban Development & Housing Department when the Adjudicating Officer’s post is vacant. The department, in turn, should forward the request to the Selection Committee, as stated under Section 71 of the RERA Act.
Despite written representation made on September 26, 2024, urging the government to act, no response has been received from the concerned authorities.
“The failure to appoint officials on time not only affects justice delivery but also undermines the authority’s credibility,” the petitioner emphasized.
The court’s direction now puts the State on notice, pushing for accountability and timely action. The upcoming hearing on June 17, 2025.
Case Title: Shashi Sagar Verma v. State of Jharkhand & Ors.
