MahaREAT judicial member vacancy raises concerns over delays in over 1,000 pending appeals

Representation pic/iStock

The continued vacancy of the Judicial Member post at the Maharashtra Real Estate Appellate Tribunal (MahaREAT) has raised concerns over delays in appeals filed by homebuyers, developers and other real-estate litigants. The Watchdog Foundation has urged the Maharashtra government to expedite the appointment, saying more than 1,000 appeals filed between 2018 and January 2026 are pending at various stages, including matters awaiting final orders. In an October 7 representation to the Secretary, Ministry of Urban Development, the foundation said the vacancy could hamper the tribunal's functioning and add to the backlog of appeals against MahaRERA orders. Trustees Nicholas Almeida and advocate Godfrey Pimenta submitted the representation, with copies to the Union Housing Ministry, Chief Minister Devendra Fadnavis and senior officials.

1000
No. of appeals pending with MahaREAT

What the law requires

The foundation cited the Real Estate (Regulation and Development) Act, 2016, which provides for an appellate tribunal in every state comprising a chairperson and at least two full-time members, including a Judicial Member. It also referred to Section 43(3), which requires each tribunal bench to have at least one Judicial Member and one Administrative or Technical Member. Section 55 states that tribunal proceedings are not invalid merely because of a vacancy or defect in its constitution. The foundation, however, said the continued vacancy could affect the tribunal's ability to provide timely appellate relief.

Over 1000 appeals pending

Pimenta said MahaREAT must have adequate strength to ensure litigants can access the statutory appellate remedy. "It must function at full strength, with at least three benches operational on any given day," he said. He warned that prolonged vacancies could affect hearings and delay relief for litigants.

High Court burden

The foundation also warned that prolonged delays at MahaREAT could push litigants towards High Courts through writ petitions, adding to the higher judiciary's workload and undermining the purpose of specialised RERA tribunals. It cited interventions by the Karnataka and Gujarat High Courts over vacancies and delays at their respective real estate appellate tribunals, and urged Maharashtra to avoid a similar situation.

Appointment sought

The Watchdog Foundation has sought the immediate appointment of the Judicial/Administrative Member through the RERA selection process, including consultation with the High Court Chief Justice and the Selection Committee. It said filling the vacancy was necessary to ensure the tribunal remains adequately staffed
and can provide timely resolution of MahaRERA-related disputes.

Voice of litigants

Maria D'Souza, IC Colony, Borivli
‘My appeal against a MahaRERA order has been pending before the tribunal for three years, despite final arguments being completed. The matter has been adjourned for months due to the non-availability of the Judicial member and subsequent vacancy. The next hearing is on December 4, but I am unsure if it will take place. At 66, the money would have helped pay for my husband's cancer treatment. We have already faced many difficulties and are still waiting for justice.'

Naresh Chawla, Chembur
‘My appeal challenging the MahaRERA order on delayed possession and interest has been pending before the tribunal since 2024. The last hearing was in November 2025, and I have had no update since, due to the vacant bench. I have put my life savings into this project, Clan City in Taloja. Today, I neither have the flat nor have I received justice from the RERA'