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Section 74: Grants and loans by State Government

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

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Section 73 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 75

Legal Commentary & Landmark Judgments: Section 74

Section 74 authorizes State Governments to make statutory grants, loans, and budgetary allocations to State Real Estate Regulatory Authorities.

  • State Budgetary Appropriation: State Government may, after due legislative appropriation, make grants and loans to the State RERA.
  • Operational Sustainability: Enables the State Authority to hire technical staff, set up circuit benches, and conduct field investigations under Section 35.
  • Revolving Fiscal Mechanism: Works in tandem with Section 75 Real Estate Regulatory Fund to maintain continuous regulatory solvency.
Key Landmark Precedents:
  • Madras Bar Association v. Union of India, (2020) 18 SCC 555: The Supreme Court held that State Governments have a constitutional duty to adequately fund statutory tribunals to prevent institutional failure.
  • Brij Mohan Lal v. Union of India, (2012) 6 SCC 502: Reiterated that judicial and quasi-judicial organs must be insulated from financial starvation through regular legislative appropriations.
Courtroom Practice & Strategic Litigation Guidance:

State funding mandates guarantee that RERA authorities maintain permanent benches and digital infrastructure across major regional commercial hubs.

Section 73 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 75