Section 34: Functions 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 34

Section 34 specifies the core operational functions of the Regulatory Authority, including mandatory registration of projects and agents, public portal disclosure, dispute resolution, and enforcement.

  • Registration & Maintenance: Mandatory duty to register real estate projects and real estate agents and maintain public records.
  • Public Portal Disclosures: Publish and maintain a comprehensive website for public viewing, displaying sanitized project layouts, approvals, litigation, and quarterly progress reports (QPRs).
  • Database of Defaulters: Maintain a public database of defaulting promoters, project revocations, and penalized real estate agents.
  • Dispute Adjudication: Adjudicate complaints filed under Section 31 and enforce statutory compliance against promoters, allottees, and agents.
Key Landmark Precedents:
  • Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India, 2017 SCC OnLine Bom 9302: The Bombay High Court held that Section 34 establishes the Authority as the institutional guardian of transparency, mandating live web tracking of all ongoing developments.
  • Kunal Saha v. Supertech Ltd., 2021 SCC OnLine Del 3122: Held that failure by a developer to upload quarterly progress reports and escrow account balances on the RERA portal under Section 34 constitutes a continuing statutory default.
Courtroom Practice & Strategic Litigation Guidance:

Before executing any agreement, print the official Section 34 project registration dossier from the RERA portal; any variance between portal disclosures and marketing representations constitutes actionable fraud.