SANJAY GHIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of filing this writ petition, a challenge has been given to Sec. 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'RERA Act or Act of 2016') which reads as under:-

(2.) Brief facts of the case are that one Suresh Chand Jain submitted an appeal before the Real Estate Regulatory Authority Tribunal (hereinafter referred to as 'the Tribunal') on 26/6/2018 against the Jaipur Development Authority (hereinafter referred to as 'JDA') for redressal of his grievance. The Tribunal issued notices to JDA for its appearance before it on 17/7/2018. JDA appointed the petitioner as its counsel to appear before the Tribunal to defend the case on behalf of the JDA. The petitioner is a Chartered Accountant (C.A).

(3.) Acting under the instructions of JDA, he prepared a written submission and appeared before the Tribunal on 1/8/2018 but the same was not taken on record by saying that Chartered Accountant is barred from appearing before the Tribunal. Thereafter, the JDA in order to safeguard its interest communicated one Tejram Meena, Advocate to represent its case before the Tribunal but vide order dtd. 2/8/2018, the Tribunal passed the following orders which is as under:-