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SC stays ‘inquiry’ against Madhya Pradesh's RERA chairman
The Supreme Court has “stayed” the inquiry against the Madhya Pradesh Real Estate Regulatory Authority (RERAChairman Ajeet Prakash Shrivastava, following his petition filed under Article 32.
New Delhi/Bhopal : The Supreme Court has “stayed” the inquiry against the Madhya Pradesh Real Estate Regulatory Authority (RERAChairman Ajeet Prakash Shrivastava, following his petition filed under Article 32. This case is likely the first of its kind in India, challenging what Shrivastava has described as an "arbitrary act" by the state government to remove him from his position.
In his plea, Shrivastava contended that the inquiry was initiated in clear violation of Section 26 and Rule 35 of the RERA Act, 2016.
He emphasised that Section 26 requires an inquiry into a "statement of charges", which, according to his petition, has not been presented to him.
The Supreme Court is set to hear the matter further on April 2, 2025.
Known for his uncompromising stance, Shrivastava's actions have reportedly unsettled some individuals, leading to a complaint filed on July 23, 2025, against a specific decision by the RERA.
As per the petition, the complaint pertained to a decision made collectively by the full authority and not Shrivastava individually.
Nevertheless, the government allegedly singled him out for removal, which Shrivastava argued was unjustified. He further noted in his writ that any decision or order issued by RERA is subject to appeal in the appellate tribunal.
The complainant had the option to choose a remedy.
The petition also highlighted that, under the RERA Act, no action can be taken against the chairman without a proper inquiry, and only after giving him an opportunity to defend himself.
Despite this, on February 13, 2024, the Chief Minister's office issued an “order” cancelling Shrivastava's appointment as chairman.
According to the plea, this directive violated the rules and procedures outlined in the RERA Act.
Section 26 of the Act stipulates that only a High Court Justice is authorised to investigate the "statement of charges" brought forward by the state government against the chairman. Removal is permissible only if the charges against the chairman, members, or the authority are substantiated during the inquiry, as per Shrivastava's submission in the apex court.
The state government, acting on complaints from private individuals, referred the matter to the Chief Justice of the Madhya Pradesh High Court in Jabalpur. Following that, Justice Maninder Singh Bhatti has been assigned to conduct the “inquiry” into the “charges".
This is not the first instance of premature termination of a RERA chairman's tenure by the state government.
The role of RERA chairman is typically meant to last for a five-year term.
