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Section 81: Delegation

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

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Act 2016
Section 80 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 82

Legal Commentary & Landmark Judgments: Section 81

Section 81 authorizes the Regulatory Authority to delegate its administrative and regulatory powers to any of its Members, officers, or staff, preserving core rule-making and adjudicatory functions.

  • Statutory Delegation Power: Authority may, by general or special order in writing, delegate such of its powers and functions to any Member or officer as it deems necessary.
  • Bar on Rule-Making Delegation: Power to make regulations under Section 85 cannot be delegated; it must be exercised collectively by the Authority.
  • Single-Member Adjudication: Enables the Chairperson to delegate complaint hearings and interim order applications to single-member benches for expeditious disposal.
Key Landmark Precedents:
  • Newtech Promoters and Developers Pvt. Ltd. v. State of U.P., (2021) 19 SCC 347: The Supreme Court authoritatively upheld the validity of delegation under Section 81, holding that single-member benches constituted under Section 81 are fully competent to hear complaints and issue refund and interest orders.
  • Sidhhartha Sarawgi v. Board of Trustees, Port of Kolkata, (2014) 16 SCC 268: Affirmed that statutory delegation is permissible when authorized by the parent enactment to advance administrative efficiency.
Courtroom Practice & Strategic Litigation Guidance:

Single-member bench orders directing refund, interest, or project inspection are fully authorized under Section 81 and cannot be challenged on the ground of lack of multi-member bench quorum.

Section 80 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 82