Section 58: Appeal to High Court

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 58

Section 58 provides for a statutory appeal from the Real Estate Appellate Tribunal to the High Court, strictly restricted to cases involving a substantial question of law within a limitation period of sixty days.

  • Statutory Appeal to High Court: Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court.
  • Sixty-Day Limitation: Appeal must be filed within 60 days from the date of communication of the REAT order; delay condonable on sufficient cause.
  • Substantial Question of Law Mandate: Appeal lies strictly on grounds specified in Section 100 of the Code of Civil Procedure, 1908 (substantial question of law); reappreciation of factual evidence is barred.
  • High Court Formulation: High Court must formulate the substantial question of law at the admission stage before proceeding with the hearing.
Key Landmark Precedents:
  • Satish Kumar v. State of Haryana, 2021 SCC OnLine P&H 1540: The High Court affirmed that Section 58 appeals cannot be converted into a third round of factual litigation; interference is justified only where REAT's findings are perverse or violate established statutory principles.
  • DLF Homes Panchkula Pvt. Ltd. v. D.S. Dhanda, (2020) 16 SCC 318: The Supreme Court reiterated that High Courts exercising Section 58 jurisdiction must rigorously adhere to Section 100 CPC standards and refrain from reassessing quantum of damages unless wholly irrational.
Courtroom Practice & Strategic Litigation Guidance:

When drafting an appeal under Section 58, frame precise, numbered Substantial Questions of Law in the memorandum of appeal; petitions arguing general factual grievances will be summarily dismissed at the admission stage.