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Stating that District Magistrates' (DMs) inaction has led to multiple unavoidable Real Estate (Regulation and Development) Act, 2016 (RERA) litigations, the Allahabad High Court on Monday directed the Gautam Budhh Nagar DM Suhas Lalinakere Yathiraj to be present in court on next date to explain his inaction on pending RERA recovery matters.

The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Piyush Agrawal, observed, "Due to inaction of the District Magistrate, unavoidable litigation is coming to this court time and again."

Hearing the plea filed by Priya Kapahi and another for the recovery of the advance money given for a flat in Eco Village 4 in Greater Noida, as the developer of the project failed to give possession of the flat to her within time, the court noted,

"The present matter is old by more than 2 and half years to make a recovery pursuant to the order passed by the RERA Authority but no action is apparently available."

Therefore, the court directed that the District Magistrate would come out before the court with the details of all the pending matters for a recovery, pursuant to the order passed by the RERA authority.

It was also added by the court that if no justification is found in the inaction of the District Magistrate, the court would pass appropriate order on the next date. 

Thus, the court adjourned the matter till October 4, asking it to be listed as a fresh case for hearing.

Reportedly, the DM has said that he has informed the state government that the action in RERA cases got delayed due to a delay in e-auction of properties and the same shall be informed to the court as well. 

Case Title: Priya Kapahi And Another v. State Of U.P. And Ors