Section 8: Obligation of Authority consequent upon lapse of or on revocation of registration

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 8

Section 8 dictates the statutory obligations of the Authority upon the lapse or revocation of project registration, conferring statutory first right of refusal upon the Association of Allottees to assume control and complete construction.

  • Lapse or Revocation Trigger: Operates immediately upon expiry of project registration or formal revocation under Section 7.
  • Consultation Process: Authority consults the Appropriate Government to formulate an actionable completion roadmap.
  • First Right of Allottee Association: The Association of Allottees possesses the statutory first right of refusal to take over project development and manage remaining receivables.
  • Escrow Account Freezing: Authority freezes the designated bank account and issues directions to financial institutions to prevent further encumbrance or asset stripping.
Key Landmark Precedents:
  • Bikram Chatterji v. Union of India, (2019) 19 SCC 161: The Supreme Court recognized that Section 8 prioritizes project completion over liquidation, establishing judicial and administrative mechanisms to inject funds and engage public construction entities to protect buyer equity.
  • Jaypee Kensington Boulevard Apartments Welfare Association v. NBCC (India) Ltd., (2021) 15 SCC 1: Emphasized that completion of stalled housing projects and delivery of physical homes to homebuyers is the prime social objective under RERA and related insolvency frameworks.
Courtroom Practice & Strategic Litigation Guidance:

Form a registered Association of Allottees (AoA) under Section 11(4)(e) promptly; without a legally constituted AoA, homebuyers cannot effectively exercise Section 8 takeover rights before the Authority.