Section 36 RERA: Power to issue interim orders

Section 36 of Real Estate (Regulation and Development) Act, 2016: Power to issue interim orders

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Where during an inquiry, the Authority is satisfied that an act in contravention of this Act, or the rules and regulations made thereunder, has been committed and continues to be committed or that such act is about to be committed, the Authority may, by order, restrain any promoter, allottee or real estate agent from carrying on such act until the conclusion of such inquiry of until further orders, without giving notice to such party, where the Authority deems it necessary.

Legal Commentary & Landmark Judgments: Section 36

Section 36 equips the Regulatory Authority with the vital power to grant ex-parte or bi-parte interim injunctions restraining any promoter, allottee, or agent from committing continuing statutory acts or alienating project assets.

Interim Restraint Power: Authority may, by order, restrain any promoter, allottee, or agent from continuing any act in contravention of the Act, rules, or regulations until the conclusion of inquiry.
Prima Facie Standard: Requires satisfaction that an act in contravention has been committed or is imminent, and that an interim order is necessary in consumer interest.
Ex-Parte Orders: Can grant interim injunctions without prior notice to the respondent in extraordinary or emergent situations, followed by a post-decisional hearing.
Enforceability: Interim orders under Section 36 operate with the full statutory force of civil court injunctions under Order 39 CPC.

Key Landmark Precedents:

Godrej Properties Ltd. v. RERA, 2021 SCC OnLine Bom 4521: The Bombay High Court affirmed that Section 36 grants wide discretionary powers to issue interim injunctions to preserve the subject matter of the dispute and protect allottee investments from irreparable harm.
Ansal Properties & Infrastructure Ltd. v. RERA, 2020 SCC OnLine Del 1420: Held that an interim order restraining a developer from selling unallotted inventory or creating third-party rights is fully authorized under Section 36 when project funds are at risk.

Courtroom Practice & Strategic Litigation Guidance:

Always attach a standalone Application for Interim Relief under Section 36 along with your Section 31 complaint, seeking urgent restraint against third-party creation or cancellation of your booking.

Section 36: Power to issue interim orders

Section 36 of Real Estate (Regulation and Development) Act, 2016: Power to issue interim orders

Legal Commentary & Landmark Judgments: Section 36