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Section 87: Members, etc., to be public servants

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

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Act 2016
Section 86 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 88

Legal Commentary & Landmark Judgments: Section 87

Section 87 confers the status of 'Public Servants' under Section 21 of the Indian Penal Code upon the Chairperson, Members, Adjudicating Officers, and all employees of the Authority and Appellate Tribunal.

  • Public Servant Status: Chairperson, Members, Adjudicating Officers, Registrar, and all officers and employees of Authority and REAT are deemed to be public servants.
  • Penal Code Nexus: Deemed public servants within the meaning of Section 21 of the Indian Penal Code (and corresponding BNS provisions).
  • Corruption & Bribery Shield: Subjects all officers to the Prevention of Corruption Act, 1988 for any demand, acceptance of illegal gratification, or corrupt compromise.
  • Penal Immunity for Obstructing Officers: Obstructing, assaulting, or threatening RERA officers during site inspections attracts criminal liability under Section 186/353 IPC.
Key Landmark Precedents:
  • State of Gujarat v. Manshankar Prabhashankar Dwivedi, (1972) 2 SCC 392: The Supreme Court held that statutory deeming provisions declaring tribunal members as public servants establish strict criminal accountability and official protections.
  • Subramanian Swamy v. Manmohan Singh, (2012) 3 SCC 64: Affirmed that public servant status subjects adjudicators to the high anti-corruption standards of the Prevention of Corruption Act.
Courtroom Practice & Strategic Litigation Guidance:

Any attempt by a developer or middleman to bribe or exert corrupt influence on a RERA officer or Adjudicating Officer warrants immediate reporting to the State Anti-Corruption Bureau (ACB).

Section 86 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 88