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Section 45: Composition of Appellate Tribunal

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

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Act 2016
Section 44 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 46

Legal Commentary & Landmark Judgments: Section 45

Section 45 prescribes the statutory composition of the Real Estate Appellate Tribunal, mandating a Judicial Chairperson and specialized Benches comprising Judicial and Technical/Administrative Members.

  • Tribunal Composition: Appellate Tribunal consists of a Chairperson and not less than two whole-time Members (one Judicial Member and one Technical or Administrative Member).
  • Specialized Benches: Benches are constituted by the Chairperson with at least one Judicial Member and one Technical/Administrative Member to ensure balanced adjudicatory expertise.
  • Territorial Jurisdiction: Appropriate Government may establish multiple Benches or designate an existing Appellate Tribunal (e.g., Telecom or Electricity Tribunal) to act as REAT.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2021) 7 SCC 369: The Supreme Court underscored that appellate tribunals must feature balanced benches with strong judicial components to preserve judicial independence.
  • Union of India v. R. Gandhi, (2010) 11 SCC 1: Affirmed that technical members in appellate tribunals must serve alongside judicial members to ensure constitutional validity and procedural fairness.
Courtroom Practice & Strategic Litigation Guidance:

Ensure that final appellate hearings are conducted before a properly constituted two-member Bench comprising both Judicial and Technical Members; an order passed by a sole Technical Member violates Section 45.

Section 44 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 46