[Cites 5, Cited by 0]
Tripura High Court
Sri Subhash Chakraborty vs The State Of Tripura on 23 February, 2026
HIGH COURT OF TRIPURA
AGARTALA
IA No.01 of 2026
In WP(C) No.95 of 2026
Sri Subhash Chakraborty,
Aged about 53 years, son of Sri Nimai Chakraborty,
Resident of South Badharghat, P.O.: Charipara,
P.S.: Amtali, District: West Tripura, PIN: 799003.
---- Applicant(s)
Versus
1. The State of Tripura,
Represented by its Secretary, Urban Development Department, Government of
Tripura, New Capital Complex, P.O.: Kunjaban-799010, P.S.: New Capital
Complex, Agartala, District: West Tripura.
2. The Additional Secretary, Urban Development Department, Government
of Tripura, New Capital Complex, P.O.: Kunjaban, P.S.: New Capital Complex,
Agartala, District: West Tripura, PIN: 799010.
3. Sri Hemant Verma, Chairman, Appellate Tribunal, Tripura, Bidyut
Bhawan, Banamalipur, P.O.: Agartala-799001, P.S.: East Agartala, District:
West Tripura.
4. Smt. Puspita Chakraborty, Member, Appellate Tribunal, Tripura, Bidyut
Bhawan, Banamalipur, P.O.: Agartala-799001, P.S.: East Agartala, District:
West Tripura.
----Respondent(s)
For Applicant(s) : Mr. Sankar Lodh, Adv.
Mr. Subham Majumder, Adv.
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, GA
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
23/02/2026
Learned Counsel, Mr. Sankar Lodh is present on behalf of the
applicant.
Learned GA, Mr. Kohinoor N. Bhattacharyya, on instruction appeared
on behalf of the respondents-State and submitted that in view of Section 43
proviso of the Real Estate (Regulation and Development) Act, 2016 (for short,
RERA Act), the respondent authority has rightly issued the notification dated
02.08.2018 in favour of the respondent Nos.3 and 4.
For the sake of convenience, the proviso of Section 43 of RERA Act
is mentioned hereunder:
"43. Establishment of Real Estate Appellate Tribunal.-(1)
The appropriate Government shall, within a period of one
year from the date of coming into force of this Act, by
notification, establish an Appellate Tribunal to be known as
the-(name of the State/Union territory) Real Estate
Appellate Tribunal.
(2) The appropriate Government may, if it deems
necessary, establish one or more benches of the Appellate
Tribunal, for various jurisdictions, in the State or Union
territory, as the case may be.
(3) Every bench of the Appellate Tribunal shall consist of at
least one Judicial Member and one Administrative or
Technical Member.
(4) The appropriate Government of two or more States or
Union territories may, if it deems fit, establish one single
Appellate Tribunal:
Provided that, until the establishment of an Appellate
Tribunal under this section, the appropriate Government
shall designate, by order, any Appellate Tribunal
Functioning under any law for the time being in force, to be
the Appellate Tribunal to hear appeals under the Act:
Provided further that after the Appellate Tribunal under this
section is established, all matters pending with the
Appellate Tribunal designated to hear appeals, shall stand
transferred to the Appellate Tribunal so established and
shall be heard from the stage such appeal is transferred.
(5) Any person aggrieved by any direction or decision or
order made by the Authority or by an adjudicating officer
under this Act may prefer an appeal before the Appellate
Tribunal having jurisdiction over the matter:
Provided that where a promoter files an appeal with the
Appellate Tribunal, it shall not be entertained, without the
promoter first having deposited with the Appellate Tribunal
atleast thirty per cent. of the penalty, or such higher
percentage as may be determined by the Appellate
Tribunal, or the total amount to be paid to the allottee
including interest and compensation imposed on him, if any,
or with both, as the case may be, before the said appeal is
heard."
From the aforesaid provision, it appears that the appropriate
government until the establishment of an Appellate Tribunal under this
Section, shall designate by order, any Appellate Tribunal functioning under any
law for the time being in force, to be the Appellate Tribunal to hear appeals
under the Act.
However, regarding Sections 84, 85 and 86 of the Electricity Act,
2003, Learned GA has failed to satisfy this Court that the respondent Nos.3
and 4, who were being appointed as Chairman and Member of Tripura
Electricity Regulatory Commission are functioning as Appellate Tribunal under
the said Act to discharge the functions as Appellate Tribunal under the Real
Estate (Regulation and Development) Act, 2016.
In view of the above, till disposal of the writ petition, the notification
dated 02.08.2018 (Annexure-2) be stayed. Further, the respondent Nos.3 and
4 be restrained from discharging the functions as an Appellate Tribunal under
the Real Estate (Regulation and Development) Act, 2016 till disposal of the
writ petition.
With this observation the present interlocutory application stands
allowed and disposed of.
A copy of this order be supplied to Learned GA for the respondents-
State for information in course of the day.
JUDGE
Snigdha
SNIGDH Digitally signed
by SNIGDHA DAS
A DAS 18:35:04 -08'00'
Date: 2026.02.24
