The court ruled that powers of execution under the Real Estate Act are distinct to adjudicating bodies and cannot be delegated arbitrarily, ensuring judicial independence in regulatory functions.

JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari wherebys it seeks the quashing of the notification No.50/15/2024-5S(1) dated 11.05.2024 (Annexure P-1), issued by the Chief Secretary to Government, Haryana, thus on the ground that the said is patently illegal, arbitrary and is made sub color is officio. A further prayer is made for staying the operation of the apposite notification till the final adjudication of the present writ petition.

2. The present petition is preferred by the petitioner wherebys becomes challenged the validity of the subject notification dated 11.05.2024 (Annexure P-1) issued by respondent No.2, Chief Secretary to Government, Haryana, whereby respondent No.4-Adjudicating Officer, Haryana Real Estate Regulatory Authority, Gurugram (hereinafter referred to as 'the Adjudicatory Authority'), was vested with the powers of the Collector under the Haryana Land Revenue Act, 1887 (hereinafter referred to as 'the Act of 1887'), thus to execute the recovery certificates issued by the Haryana Real Estate Regulatory Authority (hereinafter referred to as 'HRERA').

3. The competent authorities under the HRERA by exercising the powers vested under Section 81 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act of 2016'), thus proceeded to delegate, the powers of execution of orders passed by them under Section 40 of the Act of 2016, rather vis-a-vis the Adjudicating Officers/Authorities concerned. The provisions of of the Act of 2016 become extracted hereinafter.

' Section 81 . Delegation.

The Authority may, by general or special order in writing, delegate to any member, officer of the Authority or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the power to make regulations under section 85), as it may deem necessary.'

4. Upon the thereunders occurrence of the apposite delegation(s) of powers, thus for therebys making executions of the orders passed by the HRERA Authorities, rather the Ld. Adjudicating Officer/Authority initiated the process of execution of the orders passed by the Authorities constituted under the Act of 2016. The said passed executable orders appertain to payment of interest, penalty and compensation. The (supra) passed orders are in terms of Section 40(1) of the Act of 2016, provisions whereof becomes extracted hereinafter, whereunders it becomes ordained, that the orders appertaining to payment of interest, penalty or compensation, thus are recoverable, as arrears of land revenue, rather from such promoter, allottee or real estate agent, but in such manner as may be prescribed. The conferment of the apposite powers upon the adjudicating officer/authority concerned, thus purportedly pursuant to the (supra) extracted provision, besides pursuant to the making of the impugned notification, thus is contended to be in violation of the provisions embodied in Section 40(1) of the Act of 2016.

5. Furthermore, it is contended that though it is envisaged in sub Section 1 of Section 40 of the Act of 2016, that those orders appertaining to levying of interest or penalty or compensation, as the case may be, respectively upon a promoter or an allottee or a real estate agent, thereupons all the (supra) becoming amenable to be recoverable as arrears of land revenue. However, reiteratedly it is contended that the impugned notification, thus makes contravention of the man