Section 22: Qualifications of Chairperson and Members of Authority

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 22

Section 22 governs the Selection Committee mechanism for recommending appointments of the Chairperson and Members of the Real Estate Regulatory Authority.

  • Selection Committee Composition: Headed by the Chief Justice of the High Court or his nominee Judge, along with the Principal Secretary of Housing and Secretary of Law.
  • Independent Screening: Mandatory competitive evaluation of candidates to ensure high institutional integrity and professional competence.
  • Appropriate Government Appointing Power: State Government or UT Administration makes appointments strictly from the panel recommended by the Selection Committee.
  • Vacancies Processing: Selection process must be initiated well before vacancies occur to prevent institutional paralysis.
Key Landmark Precedents:
  • Rojer Mathew v. South Indian Bank Ltd., (2020) 6 SCC 1: The Constitution Bench emphasized that appointment processes for judicial and quasi-judicial tribunals must be insulated from executive dominance through High Court Chief Justice participation.
  • Virendra Kumar v. State of U.P., 2018 SCC OnLine All 123: The Allahabad High Court held that appointments made to RERA without the recommendation of a duly constituted Selection Committee under Section 22 are invalid.
Courtroom Practice & Strategic Litigation Guidance:

In administrative writ challenges to Authority composition, verify compliance with the Chief Justice nominee participation in the Selection Committee minutes.