Write a note on appellate authorities under Real Estate (Regulation and Development) Act 2016.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Write a note on appellate authorities under Real Estate (Regulation and Development) Act 2016.
Answer & Explanation:
Appellate Authorities under Real Estate (Regulation and Development) Act, 2016 The Real Estate (Regulation and Development) Act, 2016 (the Act) was enacted to protect home buyers and boost investments in the real estate sector. The Act establishes several authorities and bodies to ensure effective regulation and dispute resolution. Among these are the Real Estate Regulatory Authority (RERA) and the Real Estate Appellate Tribunal (REAT). Real Estate Appellate Tribunal (REAT) According to section 2(f) of Real Estate (Regulation and Development) Act, 2016, "Appellate Tribunal" means the Real Estate Appellate Tribunal established under section 43. Section 43 of the Act provides for the establishment of the Real Estate Appellate Tribunal. It is a quasi-judicial body that hears appeals against the decisions, directions, or orders of the Real Estate Regulatory Authority or the adjudicating officers. Key features of REAT include: Hearing of Appeals: Empowered to hear appeals from orders/decisions of RERA or adjudicating officers. Procedural Rules: The form, manner, and fees for filing appeals are prescribed by rules made by the appropriate government. Quasi-Judicial Authority: Acts as a quasi-judicial body, providing a forum for expeditious resolution of disputes. Decision Making: Its decisions are binding, ensuring compliance with the regulatory framework established by the Act. The establishment of the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal under the Real Estate (Regulation and Development) Act, 2016, ensures a robust mechanism for regulation, compliance, and dispute resolution in the real estate sector. These authorities play a vital role in maintaining transparency, protecting the interests of stakeholders, and promoting the development of a healthy and competitive real estate market.
Topics: Real Estate (Regulation and Development) Act, 2016
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