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Section 21: Composition of Authority

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

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Section 20 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 22

Legal Commentary & Landmark Judgments: Section 21

Section 21 prescribes the composition and qualifications of the Chairperson and Members of the Real Estate Regulatory Authority, ensuring judicial, administrative, and technical competence.

  • Bench Composition: Authority consists of a Chairperson and not less than two whole-time Members appointed by the Appropriate Government.
  • Professional Qualifications: Appointees must possess adequate knowledge and at least 20 years (Chairperson) or 15 years (Members) professional experience in law, urban development, housing, real estate, finance, or administration.
  • Judicial Background Option: Chairperson may be or have been a Judge of a High Court, or an officer possessing equivalent administrative experience.
  • Disqualification Bar: Persons having financial or commercial conflicts of interest in real estate entities are strictly ineligible.
Key Landmark Precedents:
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., (2021) 19 SCC 347: The Supreme Court analyzed the statutory composition under Section 21, confirming that single-member benches are competent to pass regulatory and adjudicatory orders under RERA powers.
  • Madras Bar Association v. Union of India, (2021) 7 SCC 369: Affirmed that regulatory bodies exercising quasi-judicial functions must maintain institutional independence and adhere strictly to statutory appointment qualifications.
Courtroom Practice & Strategic Litigation Guidance:

Verify whether the presiding Member has recused themselves if any prior professional association exists between the Member and the respondent developer's corporate entity.

Section 20 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 22