Section 48: Salary and allowances payable to Chairperson and Members

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 48

Section 48 governs the salaries, allowances, and service conditions of the Chairperson and Members of the Appellate Tribunal, providing absolute immunity against detrimental alterations during their tenure.

  • Prescribed Remuneration: Salaries and allowances payable to REAT Members are determined by rules framed by the Appropriate Government.
  • Non-Diminution Protection: Conditions of service and compensation shall not be varied to their disadvantage during their term of office.
  • Full-Time Dedication: Members serve on a whole-time basis and cannot engage in any other professional practice, commercial office, or consultancy.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2020) 18 SCC 555: The Supreme Court highlighted that financial independence and statutory non-diminution guarantees are indispensable to insulate tribunal judges from executive leverage.
  • State of Gujarat v. Utility Users' Welfare Association, (2018) 6 SCC 21: Affirmed that tribunal compensation structures must reflect the status of constitutional and senior judicial officers.
Courtroom Practice & Strategic Litigation Guidance:

Statutory salary safeguards ensure that appellate benches can fearlessly overturn arbitrary decisions rendered by State-backed housing authorities and municipal corporations.