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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Revati Mohite Dere, Neela Gokhale
Mayur L.Desai – Appellant
Versus
State of Maharashtra, Through Ministry of Law and Judiciary, Mantralaya – Respondent
JUDGMENT :
Revati Mohite Dere, J.
1. Heard learned counsel for the parties.
2. Rule. Learned Addl. G.P waives service on behalf of the respondent No.1-State and Mr. Adsure waives service on behalf of the respondent No.2-MahaRERA.
3. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal.
4. By this petition preferred under Article 226 of the Constitution of India , the petitioner seeks the following substantive reliefs:
“a) a direction to the Respondent No.2-Maharashtra Real Estate Regulatory Authority to expeditiously and in a time bound manner pass the final order in the execution/non-compliance proceedings being CC006000000195324/ APPL/NC/2 in the Complaint No. CC006000000195324 of 2020, which was reserved for orders on 21.03.2024;
b) to frame guidelines to streamline the process of execution of orders passed by Respondent No. 2- Maharashtra Real Estate Regulatory Authority including but not limited to (i) providing a mechanism for mentioning matters, (ii) conducting hearings immediately after filing of execution proceedings and (iii) expeditious disposal of execution proceedings.”
5. As far as prayer clause (a) is concerned, vide order date
Access to justice requires hybrid hearings in tribunals, balancing physical and virtual modes, to enhance fairness and efficiency in dispute resolution.
Covid-19 - Pandemic - Streamlining process of virtual hearing and restraining personal/physical hearing - Circular restarting of physical hearing of District Court and also from its subsequently havi....
Judgments must be delivered by the Bench that conducted the hearing; failing this constitutes a nullity, violating fundamental principles of judicial procedure.
The use of technology by the Bar and the Bench is no longer an option but a necessity, and access to courts must not be restricted based on technology usage.
The court emphasized the need for the petitioners to address the Chief Justice of the High Court of Punjab and Haryana on the administrative side, considering the investment of public funds as a part....
Access to justice is a fundamental right; the existing statutory remedy under the SARFAESI Act is deemed ineffective for residents of Jammu and Kashmir and Ladakh due to significant accessibility hur....
The Real Estate Regulatory Authority is recognized as a quasi-judicial tribunal under Article 227, enabling judicial review of its orders.
The main legal point established is the need for a composite comprehensive order to decide all issues together, emphasizing the enabling powers of the Authority to issue interim orders, directions, i....
The main legal point established in the judgment is the constitutional significance of access to justice and technology in ensuring the right to information, as well as the legislative intention of t....
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