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Section 79: Bar of jurisdiction

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

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Section 78 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 80

Legal Commentary & Landmark Judgments: Section 79

Section 79 establishes a comprehensive statutory bar ousting the jurisdiction of Civil Courts to entertain any suit or proceeding in respect of any matter which the Authority, Adjudicating Officer, or REAT is empowered to determine, and prohibiting civil courts from granting injunctions against RERA actions.

  • Complete Civil Court Ouster: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Authority or Adjudicating Officer or REAT is empowered to determine.
  • Injunction Bar: No injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
  • Exclusive Statutory Forum: Ensures all real estate consumer, defect, and promoter disputes are resolved within the specialized RERA architecture without parallel civil litigation.
  • Exception for Consumer & Insolvency Fora: Bar applies strictly to civil courts; remedies before Consumer Commissions (NCDRC) and NCLT under the IBC remain fully concurrent and preserved.
Key Landmark Precedents:
  • Imperia Structures Ltd. v. Anil Patni, (2020) 10 SCC 783: The Supreme Court held that Section 79 bars civil courts, but does not oust the jurisdiction of Consumer Forums under the Consumer Protection Act; allottees have concurrent remedies to choose either RERA or Consumer Forums.
  • Pioneer Urban Land & Infrastructure Ltd. v. Union of India, (2019) 8 SCC 416: The Supreme Court ruled that remedies under RERA, Consumer Protection Act, and the Insolvency and Bankruptcy Code (IBC) are concurrent; Section 79 does not bar allottees from invoking Section 7 IBC as financial creditors.
  • Pravin Kumar Mittal v. RERA, 2019 SCC OnLine Del 8812: The Delhi High Court affirmed that Section 79 creates an absolute bar preventing civil courts from entertaining suits or granting injunctions stalling RERA proceedings.
Courtroom Practice & Strategic Litigation Guidance:

Never file a civil suit for recovery or injunction against a promoter in civil court; Section 79 will lead to immediate rejection under Order 7 Rule 11 CPC. Proceed before RERA, Consumer Forum, or NCLT.

Section 78 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 80