Notification passed by town planning authority for the amendment of HRERA 2017

In a significant and unpredictable move, the Haryana government has decided that the chairperson or a member of the Haryana Real Estate Regulatory Authority (HRERA) shall now be liable for inquiry by a sitting judge of the High Court if the government finds prima facie evidence of financial impropriety or misuse of official position.

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Earlier, under Haryana's Real Estate (Regulation and Development) Rules,

2017, such provisions were not in place.

These have now been introduced through a notification issued by the Town and Country Planning Department.

"The amendments shall not only serve as a deterrent for officials indulging in corruption but also deliver justice in a prompt and time-bound manner," a senior Haryana government officer said.?

The two main grounds which will make authority’s chairperson or member liable for enquiry via sitting High Court judge are:-

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1.???? If the chairperson or the member has acquired financial interest that are likely to prejudicially affect their functions, or

2.???? if they have abused their position to such an extent that their continuance in office would be detrimental to public interest.

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A similar procedure will be followed for the chairperson or members of the Appellate Tribunal. However, in their case, the preliminary inquiry will be conducted by a retired Supreme Court judge instead of an officer of Additional Chief Secretary rank. If the preliminary inquiry substantiates the charges, the subsequent inquiry will be conducted by a sitting High Court judge.

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According to the new notification, if the state government "becomes aware of the occurrence of any of the two

circumstances" through a complaint or suo moto, it will conduct a preliminary inquiry through an officer "not below the rank of Additional Chief Secretary." If the preliminary inquiry and the response from the concerned

chairperson or member indicate a prima facie case for further investigation, the government, after consulting the Chief Justice of the High Court, may appoint a sitting judge for the inquiry.

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Regarding the powers of the judge conducting the inquiry, the notification states: "The judge shall be guided by the principles of natural justice and shall have the power to regulate their own procedure, including fixing the time and place of the inquiry. For the purpose of discharging their functions, the judge will have the same powers as a civil court," including summoning and examining witnesses, requiring the production of documents, receiving evidence on affidavits, and requisitioning public records.

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The notification further specifies,

"Where it is alleged that the chairperson or member of the Authority is unable to discharge their duties efficiently due to physical or mental incapacity, and the allegation is denied, the judge may take necessary steps for medical examination of the chairperson or member."

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The judge will submit a report to the state government with findings and reasons for each charge. Based on the report and recommendations, the government will decide whether to remove the chairperson or member or allow them to continue.