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Section 90: Protection of action taken in good faith

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

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Section 89 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 provides statutory indemnity and protection against civil suits and criminal prosecutions for actions taken in good faith by the Appropriate Government, Authority, Appellate Tribunal, or any of their officers.

  • Bona Fide Official Immunity: No suit, prosecution, or other legal proceeding shall lie against the Appropriate Government, Authority, REAT, Chairperson, Members, Adjudicating Officer, or staff for anything done in good faith under RERA or rules/regulations.
  • Protection for Regulatory Enforcement: Shields officers from personal tortious liability or harassment suits when sealing project premises, attaching escrow accounts, or conducting search and seizure.
  • Good Faith Requirement: Immunity is contingent on actions being performed bona fide and in accordance with statutory powers; it does not protect corrupt, malicious, or ultra vires acts.
Key Landmark Precedents:
  • State of Maharashtra v. Labour Law Practitioners' Association, (1998) 2 SCC 688: The Supreme Court affirmed that statutory good-faith indemnity clauses are essential to enable judicial and regulatory officers to execute coercive duties fearlessly.
  • Goa Plast (P) Ltd. v. Chico Ursula D'Souza, (2004) 2 SCC 235: Settled that protection of action in good faith requires honest adherence to statutory objectives without malicious intent.
Courtroom Practice & Strategic Litigation Guidance:

Do not attempt to file personal damages suits against RERA members or investigating officers for adverse orders; challenge the order on merits before the Appellate Tribunal under Section 44.

Section 89 All 92 Sections of Real Estate (Regulation and Development) Act, 2016 Section 91