RERA opposes EOW probe into corruprion allegations against chairman, cites statutory protections

Bhopal: Madhya Pradesh Real Estate Regulatory Authority (RERA) has opposed the registration of an Economic Offenses Wing (EOW) inquiry against its chairman AP Srivastava, arguing that the action taken is unwarranted and asserted their legal protections under section 90 of the RERA Act.
EOW had recently initiated a preliminary inquiry to probe an alleged complaint of corruption, misuse of official position, and regulatory violations against Srivastava.
The complainant has accused Srivastava of manipulating the recruitment process for various RERA positions. Specifically, the complaint claims that out of two sanctioned posts for adjudication officers, only one was advertised, while the other was filled without a public notice. Additionally, Srivastava is alleged to have overlooked the age limit requirement for contractual appointments, which mandates a maximum age of 65 years, by appointing an individual older than this limit.
The complaint also highlights issues related to projects handled by M/s AG-8 Ventures Pvt. Ltd. And accuses the RERA chairman of purchasing a residential plot from the builder, against whom a probe is already underway.
RERA's legal team has challenged the EOW's move to investigate its chairman, claiming that such an inquiry is not justified. RERA officials argue that the authority's operations and decisions are shielded by specific provisions within the RERA Act, particularly section 90. This section grants immunity to the chairman, members, and officers of RERA from legal action, emphasising that no suit, prosecution, or other legal proceedings can be initiated against them in their official capacity.
The controversy follows allegations of mismanagement and unauthorised appointments within the Authority, as well as issues related to projects handled by M/s AG-8 Ventures Pvt. Ltd. Despite petitions and legal challenges, RERA contends that the EOW's inquiry disregards the statutory protections afforded to its officials.
RERA's stance is supported by references to various provisions of the RERA Act: section 28 outlines the process for appointing officers and employees from the state govt on deputation. section 71 mandates that adjudicating officers are appointed by the Authority itself, with the state govt merely being consulted. Section 25 and rule 21 detail the Authority's exclusive rights in making appointments and decisions related to its operations. Section 28 (2) and rule 22 (1) govern the service conditions of deputed and contract officers, while rule 22 (2) addresses the appointment of consultants. The Authority argues that these statutory provisions provide a comprehensive framework for its governance and operations, and any actions outside this framework are unwarranted.
Srivastava is a 1984-batch IAS officer. After his retirement, he was appointed as chairman of RERA for a five-year term by the urban development and housing department. His predecessor, IAS officer and former chief secretary Antony Disa, was removed from the position in Sept 2020 before completing his term.