Section 29: Meetings 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 29

Section 29 protects the official acts and proceedings of the Regulatory Authority from being invalidated merely by reason of vacancies or procedural defects in its constitution.

  • Immunity from Procedural Challenge: No act or proceeding of the Authority shall be invalid merely by reason of: (a) any vacancy in, or defect in constitution of Authority, (b) defect in appointment of Member, or (c) irregularity not affecting merits.
  • De Facto Doctrine Codification: Codifies the de facto doctrine, ensuring that bona fide orders passed by sitting members cannot be collaterally challenged due to administrative appointment technicalities.
  • Protection to Litigants: Prevents unscrupulous litigants from seeking rehearing of completed disputes upon routine bench re-constitutions.
Key Landmark Precedents:
  • Gokaraju Rangaraju v. State of A.P., (1981) 3 SCC 132: The Supreme Court authoritatively settled the de facto doctrine, holding that acts of officers de facto are valid as far as the public and third parties are concerned, despite later discovered defects in appointment.
  • State of Haryana v. Haryana Cooperative Transport Ltd., (1977) 1 SCC 271: Reaffirmed that appointment defects cannot invalidate past judicial judgments unless the judge was a usurper of office.
Courtroom Practice & Strategic Litigation Guidance:

Do not attempt to challenge adverse RERA orders in revision merely citing administrative vacancy delays or appointment gazette delays; grounds must target substantive merits and jurisdiction.