Section 33: Advocacy and awareness measures

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 33

Section 33 empowers the Appropriate Government to make statutory reference to the Regulatory Authority for opinion on major real estate policy, competition, and consumer impact issues.

  • Statutory Reference: Appropriate Government may refer proposed policies or legislation affecting real estate to the Authority for its expert opinion.
  • Sixty-Day Timeline: Authority must render its advisory opinion to the Government within 60 days of receiving the reference.
  • Non-Binding Advisory: While the opinion is non-binding on the Government, it serves as a critical statutory record on consumer impact and market competition.
Key Landmark Precedents:
  • Competition Commission of India v. Steel Authority of India Ltd., (2010) 10 SCC 744: Analyzed parallel advisory jurisdiction in statutory regulators, holding that consultative references foster harmonized regulatory and executive policy.
  • Pioneer Urban Land & Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416: Referenced the consultative framework between the Union and RERA bodies in shaping insolvency reforms for homebuyers.
Courtroom Practice & Strategic Litigation Guidance:

Industry associations and homebuyer federations can petition the State Housing Department to make formal Section 33 references when controversial local development bylaws are proposed.