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Section 52: Vacancies

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

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Section 51 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 53

Legal Commentary & Landmark Judgments: Section 52

Section 52 regulates administrative vacancies and temporary officiating arrangements for the Chairperson of the Real Estate Appellate Tribunal.

  • Officiating Judicial Member: In the event of a vacancy in the office of Chairperson, the senior-most Judicial Member acts as Chairperson until a new Chairperson is appointed.
  • Absence on Leave: When the Chairperson is unable to discharge functions due to absence or illness, the senior Judicial Member officiates.
  • Preservation of Judicial Leadership: Only a Judicial Member can officiate as Chairperson; Technical or Administrative Members are strictly ineligible to assume the Chairperson's role.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2014) 10 SCC 1: The Constitution Bench settled that an administrative or technical member cannot officiate as head of a judicial tribunal, preserving separation of powers.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that statutory continuity provisions protect judicial bodies from operational deadlock during executive appointment transitions.
Courtroom Practice & Strategic Litigation Guidance:

If urgent interim stay relief is required during a vacancy in the Chairperson's office, move the urgent mentioning bench before the senior presiding Judicial Member.

Section 51 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 53