Experts' Take
Atul Gupta JMD, Earth Group
I don’t think that judicial activism has increased in real estate sector. However, there may be a few exceptional cases where courts might have acted like judicial activism in the larger interest of common man. I feel that the agency role of a judge is, in principle, as applicable in a monarchy as in a republic, but in a constitutional democracy the additional issue of the people’s right of self-government is involved. In a broader sense, it must be kept in mind that effective legislation, judicial activism and regulatory mechanism may prove to be useful and effective tools for a vibrant industry with greater em phasis on protecting consumer interests.
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