Section 39 RERA: Rectification of orders

Section 39 of Real Estate (Regulation and Development) Act, 2016: Rectification of orders

Official Bare Act Text

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

The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties:

Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act:

Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act.

Legal Commentary & Landmark Judgments: Section 39

Section 39 provides for the rectification of orders passed by the Regulatory Authority within a period of two years, strictly limited to correcting errors apparent on the face of the record.

Two-Year Limitation: Authority may amend any order passed by it within two years from the date of the order to rectify any error apparent on the face of the record.
Suo Motu or on Application: Rectification can be initiated suo motu or upon an application moved by any affected party.
Bar on Merits Review: Cannot make substantive amendments or alter findings on the merits of the dispute; review on merits is impermissible.
Adverse Amendments Notice: No amendment prejudicially affecting any party can be passed without providing a reasonable opportunity of being heard.

Key Landmark Precedents:

State of Haryana v. Babu Singh, (2008) 2 SCC 85: The Supreme Court held that the power of rectification is circumscribed to correcting patent clerical, arithmetic, or typographical errors and cannot be equated with appellate re-hearing.
Parsion Devi v. Sumitri Devi, (1997) 8 SCC 715: Settled that an error apparent on the face of the record must be self-evident and not require elaborate arguments or re-examination of contested evidence.

Courtroom Practice & Strategic Litigation Guidance:

Use Section 39 exclusively to correct calculation errors in interest amounts, typographical date mistakes, or incorrect flat numbers; do not file a Section 39 application to overturn an adverse legal finding—file an appeal before REAT under Section 44 instead.

Section 39: Rectification of orders

Section 39 of Real Estate (Regulation and Development) Act, 2016: Rectification of orders

Legal Commentary & Landmark Judgments: Section 39