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Section 25: Administrative powers of Chairperson

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

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Section 24 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 regulates administrative vacancies, leave arrangements, and interim officiating mechanisms for the Chairperson of the Regulatory Authority.

  • Senior Member Officiating: In the event of a vacancy in the office of the Chairperson by death, resignation, or otherwise, the senior-most Member acts as Chairperson until a new Chairperson is appointed.
  • Absence on Leave: When the Chairperson is unable to discharge functions owing to absence, illness, or other cause, the designated senior Member discharges functions.
  • Continuity of Sittings: Ensures that adjudicatory hearings and urgent interim stay applications under Section 36 are not disrupted by leadership vacancies.
Key Landmark Precedents:
  • Kailash v. Nanhku, (2005) 4 SCC 480: The Supreme Court recognized that statutory continuity provisions ensure justice delivery is not crippled by administrative exigencies.
  • Dr. D.C. Saxena v. Hon'ble the Chief Justice of India, (1996) 5 SCC 216: Reiterated that interim presiding arrangements maintain institutional legitimacy and continuous judicial governance.
Courtroom Practice & Strategic Litigation Guidance:

Urgent interlocutory applications under Section 36 for halting construction or stopping bank disbursement can proceed before the officiating senior member without awaiting permanent appointments.

Section 24 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 26