Review application is not valid for an order passed by a Quasi Judicial Body : Bombay HC
TITLE : Sitara Anil Sharma V The Apex Grievance Redressal Committee
CORAM : Hon’ble Justice Madhav J Jamdar
DATE : 19th December, 2023
CITATION : WP No 15250 of 2023
FACTS
The writ petition intended to challenge the order passed by the Apex Grievance Redressal Committee. The committee directed “Respondent No.2 to pay applicable Transit Rent to the Applicant and to register the Agreement (within 10 working days) executed on 20.04.2022 between Respondent No.2 & the Applicant for Permanent Alternate Accommodation”, which was further changed into “This Committee directs Respondent No.2 to pay applicable transit rent to the Applicant and to execute the Agreement (within 10 days) with the Applicant for Permanent Alternate Accommodation.”
Respondent No. 2 Developer agreed to provide Shop premises admeasuring 600 Sq ft (225 sq ft free of cost as per SRA and rules and balance 375 sq ft RERA carpet area from sale building) in regards to same Respondent No.2 also executed agreement dated 26.11.2009
LAWS INVOLVED
The court relied on the Supreme court case to analyse whether review application Is maintainable for quasi judicial orders :
In the case of Kalabharati Advertising v. Hemant Vimalnath Narichania, wherein it has been held that it is settled legal proposition that unless the statute/rules so permit, the Review Application is not maintainable in case of judicial/quasi judicial Orders. In the absence of any provision in the Act granting an express power of review, it is manifest that a review could not be made and the Order in review, if passed, is ultra vires, illegal and without jurisdiction
ISSUES
- Whether review by the AGRC valid?
JUDGEMENT
It is a settled rule of law that unless a Statute of rules permit, a review application is not maintainable in case of judicial/quasi judicial orders. What has been done by the AGRC is that under the guise of styling the Order as speaking to the minutes of Order passed on 28th June 2023, the Order was effectively reviewed. The order was set aside.
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Written by- Sanjana Ravichandran