Section 24: Salary and allowances payable to Chairperson and Members

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 24

Section 24 governs the salaries, allowances, and service conditions of the Chairperson and Members of the Authority, prohibiting adverse alterations during their tenure.

  • Prescribed Compensation: Salaries and allowances payable to the Chairperson and Members are prescribed by the Appropriate Government.
  • Non-Diminution Protection: Salaries, allowances, and other conditions of service shall not be varied to their disadvantage after appointment.
  • Full-Time Service: Members are full-time public servants and cannot hold any other office of profit or commercial engagement.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2020) 18 SCC 555: The Supreme Court ruled that financial security and protection against adverse executive variation are indispensable guarantees for tribunal autonomy.
  • State of Gujarat v. Utility Users' Welfare Association, (2018) 6 SCC 21: Emphasized that regulatory authorities exercise sovereign quasi-judicial functions necessitating complete executive non-interference.
Courtroom Practice & Strategic Litigation Guidance:

Service condition protections guarantee that decisions against State-backed development authorities (e.g., DDA, NOIDA, MHADA) can be rendered without executive pressure.