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Experts' Take

Atul Gupta JMD, Earth Group

Atul Gupta, JMD, Earth Group

Atul Gupta, JMD, Earth GroupI 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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