Goa High Court Quashes RERA Appointment

24 Sep 2024 CW Team

The Bombay High Court at Goa has annulled the appointment of retired district court judge Cholu Gauns as a member of the Goa Real Estate Regulatory Authority (RERA). The court has directed the state government to appoint retired district judge Vincent M D’Silva in his stead.

The decision came after D’Silva, represented by senior advocate Cleofato Almeida, challenged Gauns' appointment. The court denied a request for a four-week stay on the judgment, presented by Gauns’ attorney, senior advocate J E Coelho Pereira.

The high court criticized the government for ignoring the selection committee’s preference for D’Silva over Gauns, calling the justification for Gauns' appointment "unjustified." The court found no evidence supporting the government’s claim of Gauns having extensive experience in social administration.

The court stated, “The state government has the power to appoint a person not according to the order of preference, but must provide written reasons for doing so.” It emphasized that the committee’s recommendations should be respected and not dismissed without valid justification.

Despite the state citing Gauns' “wide experience in social administration and legal fields” as reasons for his appointment, the court found no compelling evidence to substantiate this claim. Pereira argued that Gauns' experience as a member of the village panchayat provided him adequate knowledge of social service, but the court remained unconvinced.

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