CUTTACK: The Orissa High Court has warned to initiate suo motu contempt proceedings against the State Government if it fails to make the Odisha Real Estate Appellate Tribunal (OREAT) functional within 15 days.
The warning came along with a set of directions in a common judgment on three separate petitions, which had sought the Court’s intervention against nonfunctioning of OREAT which was set up on February 2, 2019.
The Single Judge Bench of Justice BR Sarangi said, “The Government shall make all endeavour to ensure compliance of each of the directions within a period of 15 days from the date of this judgment so as to enable Real Estate Appellate Tribunal to function smoothly as early as possible in the interest of litigants, as its Chairperson and Members have been appointed long since, failing which it will be construed as contempt of this Court and suo motu contempt proceedings will be initiated.”
Purchaser of a flat Bimalendu Pradhan and two builders - Hi Tech Estate and Promoters (P) Ltd and M/s Vipul Limited had filed the petitions.
Mohit Agarwal, Debasis Nanda and S Mohapatra, the counsels appearing for the respective petitioners, made the common contention that litigants are being deprived of their legal rights on being unable to avail the remedy for their grievances under the law due to OREAT non-functioning.
While allowing the petitions on July 1, Justice Sarangi said, “The Government is directed to give financial autonomy to the Tribunal by allocating funds from the Real Estate Regulatory Fund on every year by making suitable budgetary provision along with separate heads of account for smooth management of the forum.”