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Section 55: Vacancies, etc., not to invalidate proceeding of Appellate Tribunal

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

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Act 2016
Section 54 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 56

Legal Commentary & Landmark Judgments: Section 55

Section 55 provides statutory immunity to the orders and proceedings of the Appellate Tribunal, ensuring they cannot be invalidated merely due to vacancies or appointment defects.

  • Defect Immunity: No act or proceeding of REAT shall be invalid merely by reason of: (a) any vacancy or defect in constitution, (b) defect in appointment of Member, or (c) any irregularity not affecting merits.
  • De Facto Judicial Validity: Codifies the de facto doctrine for appellate adjudications, shielding rendered judgments from collateral technical invalidation.
  • Preservation of Litigant Rights: Ensures that years of appellate adjudication are not wiped out due to retrospective findings on administrative appointment files.
Key Landmark Precedents:
  • Gokaraju Rangaraju v. State of A.P., (1981) 3 SCC 132: The Supreme Court authoritatively held that the acts of a de facto judge performed under color of authority are valid and binding upon third parties.
  • Pushpa Devi v. REAT, 2020 SCC OnLine P&H 890: The Punjab & Haryana High Court dismissed a writ petition challenging a REAT final order on the ground of an administrative delay in gazetting a member's appointment, citing Section 55.
Courtroom Practice & Strategic Litigation Guidance:

Appellate challenges must focus strictly on substantive legal errors and jurisdictional excess under Section 58 rather than administrative composition technicalities.

Section 54 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 56