Section 40: Recovery of interest or penalty or compensation and enforcement of order, etc

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 40

Section 40 of RERA provides the execution mechanism for recovering unpaid interest, penalty, or compensation from defaulting promoters as arrears of land revenue.

  • Core Legal Standard: Section 40 establishes the execution and recovery teeth of the RERA framework.
  • RERA Regulatory Governance: Under sub-section (1), if a promoter, allottee, or real estate agent fails to pay any interest or penalty or compensation imposed on him, the same shall be recoverable as arrears of land revenue in the manner prescribed under state revenue laws.

Under sub-section (2), if any order passed by the Adjudicating Officer, the Regulatory Authority, or the Appellate Tribunal is not complied with, it may be enforced in the same manner as if it were a decree of a civil court, empowering the Authority to issue recovery certificates directly to the District Collector.

Key Landmark Precedents:
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021) SCC OnLine SC 1044: The Supreme Court affirmed that recovery certificates issued under Section 40 have the full force of a civil decree executable as arrears of land revenue, and revenue authorities are under a statutory duty to attach promoter assets without collateral re-litigation.
Legal Commentary:

Section 40 bridges the gap between paper orders and actual monetary realization. When a developer fails to pay refunded sums or interest, the issuance of a Section 40 Recovery Certificate triggers attachment of the developer's bank accounts, personal assets, and unsold project inventory by the District Magistrate/Collector.