Calcutta High Court Seeks Timeline From West Bengal Government For Filling Vacancies In WBRERA And WBREAT

Calcutta High Court Seeks Timeline From West Bengal Government For Filling Vacancies In WBRERA And WBREAT

Rahul Parasrampuria v. The State of West Bengal & Others

Case: Rahul Parasrampuria v. The State of West Bengal & Ors.
Case No.: WPA (P) 427 of 2026
Court: Calcutta High Court
Subject: Vacancies in West Bengal RERA and Real Estate Appellate Tribunal (REAT)

The matter concerns a Public Interest Litigation seeking expeditious filling of vacancies in the West Bengal Real Estate Regulatory Authority (WBRERA) and the West Bengal Real Estate Appellate Tribunal (WBREAT).

Background

The petitioner, Rahul Parasrampuria, approached the Calcutta High Court seeking directions for completion of the selection and appointment process for vacant statutory posts, particularly:

• the Judicial Member of WBREAT; and
• a Member of WBRERA.

The petition also sought disclosure of the status of the selection process, the reasons for delay, relevant selection records, and information concerning the vacancies, pending cases and functioning of the two RERA institutions.

Order dated 15 September 2026

On 15 September 2026, a Division Bench comprising Justice Arijit Banerjee and Justice Reetobroto Kumar Mitra directed the office of the Chief Secretary, Government of West Bengal, to file a report specifying:

1. the present stage of filling the vacancies of Chairperson and Judicial Member of WBREAT and Member of WBRERA; and
2. the time limit within which the vacancies would be filled.

The Court also permitted the petitioner to implead the Chief Secretary as a respondent. The matter has been listed for further consideration on 29 September 2026.

Significance from the RERA perspective

The PIL raises an important institutional issue concerning the effective functioning of the specialised RERA dispute-resolution mechanism. The petitioner's case is that prolonged vacancies in WBRERA and WBREAT can result in delays for homebuyers, promoters and other stakeholders and may compel litigants to approach constitutional courts for matters intended to be dealt with by specialised RERA forums. These are the petitioner's contentions, rather than findings finally adjudicated by the Court.

In short: The Calcutta High Court has sought a definite timeline from the West Bengal Government for filling vacancies in WBRERA and WBREAT, with the matter next listed on 29 September 2026

Supreme Court of India - The power to supersede the authority is entrusted to the appropriate Government in terms of Section 82.

Supreme Court of India - The power to supersede the authority is entrusted to the appropriate Government in terms of Section 82.

Facts:-

• On 5 January 2024, one of the members of RERA superannuated.
• On 7 February 2024, the Chairperson resigned without giving notice of three months and the resignation was accepted immediately by the state Government.
• with effect from 10 March 2024, the remaining member of RERA proceeded on leave for a period of three months until 6 June 2024.
• On 9 March 2024, the State Government in the Department of Housing and Urban Development issued notice to the Authority proposing to supersede the Authority.

• On 12 March 2024, the State Government issued an order under Section 82(1) superseding the Authority.

• On 13 March 2024, the Government  appointed Shri M S Jaggi, IAS to exercise the powers and discharge the functions of the Authority under the Act in terms of the provisions of Section 82(1).

PIL in Punjab & Haryana High Court :-

• A Public Interest Litigation KEERTI SANDHU & ORS. V/s  STATE OF PUNJAB & ANR.CWP-(PIL) No. 48/2024  was moved before the High Court of Punjab & Haryana in which the order dated 14 March 2024 was passed by a Division Bench, where it noted that the authority has to exercise sensitive functions including permissions to be given to builders and dealing with complaints against builders and hence it is not in the interest of justice if the supersession is allowed at that point of time. Consequently, the order of the Government dated 12 March 2024 was stayed by the High Court.

Appeal in the Supreme Court of India :- 

• An appeal was preferred by the state in the matter of STATE OF PUNJAB & ANR. V/s KEERTI SANDHU & ORS.7152/2024 where the supreme court of india set aside the impugned order dated 14 March 2024 of the High Court.
• It also held that The power to supersede the authority is entrusted to the appropriate Government in terms of Section 82. 
• It also noted that The order of the High Court staying the notification of the State Government dated 12 March 2024 would not advance the purpose and object of the statute. 
• A stay on the supersession cannot either bring back the member who has superannuated or restore the Chairperson who has tendered his resignation.