(1) A person shall not be qualified for appointment as the Chairperson or a Member of the Appellate Tribunal unless he,--
(a) in the case of Chairperson, is or has been a Judge of a High Court; and
(b) in the case of a Judicial Member he has held a judicial office in the territory of India for at least fifteen years or has been a member of the Indian Legal Service and has held the post of Additional Secretary of that service or any equivalent post, or has been an advocate for at least twenty years with experience in dealing with real estate matters; and
(c) in the case of a Technical or Administrative Member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least twenty years in the field or who has held the post in the Central Government, or a State Government equivalent to the post of Additional Secretary to the Government of India or an equivalent post in the Central Government or an equivalent post in the State Government.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the appropriate Government in consultation with the Chief Justice of High Court or his nominee.
(3) The judicial Members and Technical or Administrative Members of the Appellate Tribunal shall be appointed by the appropriate Government on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Department handling Housing and the Law Secretary and in such manner as may be prescribed.
Legal Commentary & Landmark Judgments: Section 46
Section 46 establishes the rigorous statutory qualifications for the appointment of the Chairperson and Members of the Real Estate Appellate Tribunal (REAT), requiring high-level judicial experience for the Chairperson and balanced judicial and administrative/technical expertise for its Members.
In appellate proceedings before REAT, ensure that the coram is properly constituted with a judicial member presiding; an order delivered by an administrative member sitting singly is jurisdictionally vulnerable.