Section 83: Powers of appropriate Government to issue directions to Authority and obtain reports and returns

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 83

Section 83 empowers the Appropriate Government to issue binding policy directions to the Regulatory Authority in the interest of state sovereignty, public security, or consumer protection.

  • Executive Policy Directions: Appropriate Government may issue directions on questions of policy to the Authority from time to time.
  • Binding Nature: Authority is statutorily bound by policy directions issued under Section 83.
  • Consultation Requirement: Government must, as far as practicable, give the Authority an opportunity to express its views before issuing directions.
  • Bar on Adjudicatory Interference: Directions can only address broader policy matters; the Government cannot issue directions interfering with specific judicial or adjudicatory orders.
Key Landmark Precedents:
  • PTC India Ltd. v. CERC, (2010) 4 SCC 603: The Constitution Bench settled that executive directions under regulatory statutes must be confined to policy matters and cannot usurp or dictate judicial decision-making.
  • Bangalore Development Authority v. Vijaya Leasing Ltd., (1998) 4 SCC 539: Affirmed that policy directions cannot violate the express provisions or objects of the parent enactment.
Courtroom Practice & Strategic Litigation Guidance:

If a State Government issues a circular instructing RERA to halt refund orders or exempt certain builders, challenge the circular under Article 226 as an ultra vires interference with judicial functions barred by Section 83.