PIL In Calcutta High Court Seeks Expedited Appointments To West Bengal RERA, Appellate Tribunal

The Calcutta High Court recently directed the State's counsel to obtain necessary instructions on a Public Interest Litigation (PIL) alleging prolonged vacancies in key posts at the West Bengal Real Estate Appellate Tribunal (WBREAT) and the West Bengal Real Estate Regulatory Authority (WBRERA).

A Division Bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee, on September 3, directed Additional Government Pleader Susmita Saha Dutta, appearing for the State to avail all necessary instructions.

The bench listed the matter for further consideration on September 15, 2026.

The PIL has been filed by advocate Rahul Parasrampuria, seeking expeditious completion of the selection and appointment process for a Judicial Member of WBREAT and a Member of WBRERA.

The petition arises from an advertisement issued by the West Bengal Housing Department on February 13, 2026, inviting applications for the two posts.

Parasrampuria alleges that although the selection process was initiated, the posts continued to remain vacant for several months. He claims that the authorities had “neither made any appointments to the posts” nor placed information in the public domain regarding the status and progress of the process, including scrutiny of applications, shortlisting, interviews, and recommendations.

According to the petition, the continuing vacancies have impaired the functioning of WBREAT and WBRERA, causing delays in the hearing and disposal of matters involving homebuyers, promoters, allottees, financial institutions, real estate agents and other stakeholders.

The petitioner further alleges that several litigants have been compelled to approach the High Court for matters that ought to be dealt with by the specialised statutory forums, thereby “placing an unnecessary burden on the constitutional courts.”

Before approaching the High Court, Parasrampuria filed an RTI application on July 27, 2026, seeking information on the status and progress of the selection process.

He thereafter made representations on August 5, 6, 12 and 14, seeking disclosure of the status and expeditious completion of the appointments, followed by another RTI application on August 17.

The petitioner alleges that despite these efforts, the status and progress of the appointment process remained unclear.

He contends that the continued delay is arbitrary and unreasonable, contrary to the statutory scheme under the Real Estate (Regulation and Development) Act, 2016, and affects litigants' right to timely and effective access to justice under Articles 14 and 21 of the Constitution.

The PIL further contends that the RERA framework was intended to provide a specialised regulatory and adjudicatory mechanism for the effective and expeditious resolution of real estate disputes and that prolonged vacancies undermine that mechanism. (Paras 12-14 of the PIL)

In the prayer, Parasrampuria has sought seven reliefs. First, he has asked the High Court to direct the authorities to “forthwith take all necessary steps to complete the selection and appointment process” initiated pursuant to the February 13 advertisement, within a timeframe fixed by the Court

He has also sought directions to fill the existing statutory vacancies; production of the records relating to the selection process, including file notings, recommendations and approvals; and an affidavit disclosing the status of the process, reasons for the delay, steps taken and proposed timeline for completion.

A further prayer seeks disclosure of the present vacancies and functioning of WBREAT and WBRERA, including the number of pending matters and the extent to which hearings and adjudication are being undertaken. The remaining prayers seek a Rule Nisi and such further orders as the Court may deem fit.

The Court, in its September 3 order, directed that the affidavit of service and supplementary affidavit filed in the matter be kept on record and, after hearing the petitioner's counsel, directed the State counsel to avail all necessary instructions.

The bench thereafter listed the matter for further consideration on September 15, 2026.

For Petitioner (Rahul Parasrampuria): Senior Advocate Arindam Banerjee and Advocates Kuldip Mullick, Rohit Parasrampuria, Udit Agarwal, Debarshi Das, Saloni Agarwal, Somya Ojha.

For Respondent (State of West Bengal & Ors.): Advocates Susmita Saha Dutta, AGP, Niladri Saha, Madhurima Basu.