Section 57 RERA: Orders passed by Appellate Tribunal to be executable as a decree

Section 57 of Real Estate (Regulation and Development) Act, 2016: Orders passed by Appellate Tribunal to be executable as a decree

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Every order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court.

(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by the court.

Legal Commentary & Landmark Judgments: Section 57

Section 57 establishes that every order passed by the Real Estate Appellate Tribunal is executable as a decree of a Civil Court, empowering REAT to execute orders directly or transmit them to local civil courts for coercive recovery.

Civil Court Decree Status: Every order made by the Appellate Tribunal shall be executable by the Appellate Tribunal as a decree of a civil court.
Direct Execution Power: REAT possesses all the powers of a civil court under Order 21 of the Code of Civil Procedure, 1908 to enforce its own orders.
Transmission to Principal Civil Court: Appellate Tribunal may transmit the decree to the Principal Civil Court of original jurisdiction having territorial jurisdiction over the promoter's assets.
Arrest and Attachment Powers: Enforcement includes attachment and auction of promoter bank accounts, properties, and civil detention for willful disobedience.

Key Landmark Precedents:

Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., (2021) 19 SCC 347: The Supreme Court ruled that orders of RERA and REAT are not paper decrees; Section 57 equips the tribunal with the teeth of Civil Court execution under Order 21 CPC to ensure actual recovery of buyer capital.
Radha Realty Corp. v. REAT, 2021 SCC OnLine Kar 1120: Affirmed that REAT can transmit execution decrees directly to the District Court or execute through warrant of attachment under Section 57.

Courtroom Practice & Strategic Litigation Guidance:

Upon winning your appeal, immediately file an Execution Petition under Section 57 praying for attachment of the promoter's designated bank accounts and unallotted apartments.

Section 57: Orders passed by Appellate Tribunal to be executable as a decree

Section 57 of Real Estate (Regulation and Development) Act, 2016: Orders passed by Appellate Tribunal to be executable as a decree

Legal Commentary & Landmark Judgments: Section 57