AI Overview...
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Order Passed in Absence of Technical Member - The courts have consistently emphasized that the statutory composition of the Real Estate Appellate Tribunal (REAT) requires the presence of both Judicial and Technical Members. The absence of a Technical Member, especially during proceedings, renders orders invalid and nullifies the Tribunal's jurisdiction. For instance, the Supreme Court in G. S. Enterprises, Indore VS Yogesh Agrawal - Madhya Pradesh held that functioning with only a Judicial Member violates constitutional and statutory mandates. Similarly, in Shashank Gupta vs Vatika Nirman Private Limited Lko. Thru. Authorized Signatory - Allahabad, it was held that both Judicial and Technical Members are essential for valid adjudication, and the matter must be re-adjudicated upon appointment of the missing member.
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Legal and Statutory Requirements - The Real Estate (Regulation and Development) Act, 2016, explicitly mandates that the Appellate Tribunal must have a prescribed composition, including at least one Judicial Member and one Technical Member. Sections 43(1), 44(1), and 45 of the Act, as discussed in Bimalendu Pradhan VS State Of Odisha - Orissa, reinforce the necessity of proper tribunal composition for valid proceedings. The absence of statutory provisions for appointing members or in cases where appointments are incomplete leads to orders being quashed, as seen in Janta Land Promoters Private Limited VS Union Of India - Punjab and Haryana.
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Order Passing Authority and Procedure - The courts have also highlighted that orders passed by a Tribunal lacking the mandated composition are without jurisdiction. In Revenue Bar Association, Represented by its Secretary, Duwari Anand, Chennai VS Union of India, Represented by its Secretary, Ministry of Finance, Department of Revenue, New Delhi - Madras, the orders of a single-member authority and appellate tribunal were quashed due to lack of jurisdiction stemming from improper composition. Furthermore, in State of Gujarat VS Utility Users Welfare Association - Supreme Court, it was clarified that the Tribunal must be constituted with at least one Judicial Member and one Technical Member, and decisions taken otherwise are invalid.
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Implications of Absence of Members - The absence of a Technical Member or a statutory provision for their appointment results in procedural invalidity, and any orders passed in such circumstances are liable to be set aside. Courts have underscored that proper appointment procedures and statutory compliance are essential to uphold the Tribunal's authority and ensure fair adjudication.
Analysis and Conclusion
The legal framework under the Real Estate (Regulation and Development) Act, 2016, mandates that the Appellate Tribunal must include both Judicial and Technical Members. Orders passed in the absence of these statutory requirements are invalid and can be challenged or quashed. The courts have consistently reinforced that deviation from prescribed composition nullifies the Tribunal’s authority, emphasizing adherence to statutory provisions for valid adjudication. Therefore, any order passed by a Chairperson or Judicial Member without the requisite Technical Member, or in the absence of proper appointment, is legally untenable.
References:
- G. S. Enterprises, Indore VS Yogesh Agrawal - Madhya Pradesh, Shashank Gupta vs Vatika Nirman Private Limited Lko. Thru. Authorized Signatory - Allahabad, Bimalendu Pradhan VS State Of Odisha - Orissa, Janta Land Promoters Private Limited VS Union Of India - Punjab and Haryana, Revenue Bar Association, Represented by its Secretary, Duwari Anand, Chennai VS Union of India, Represented by its Secretary, Ministry of Finance, Department of Revenue, New Delhi - Madras, State of Gujarat VS Utility Users Welfare Association - Supreme Court
Search Results for "Order Passed by Chairperson and Judicial Member in Absence of Technical Member Real Estate"
2023 0 Supreme(MP) 1005 • India - Madhya Pradesh
SUBODH ABHYANKAR
a Judicial Member, as mandated by law, emphasizing that deviation nullifies the Tribunal's authority. ... it is unconstitutional for the Tribunal to function with only a single Judicial Member and directed adherence to statutory provisions ... ... ... Ratio Decidendi: The Court held that a valid Appellate Tribunal must comprise a Chairperson and two whole-time members, including ... Real Estate (Regulatory Authority) Act, 2016 the Appellate Tribuna....
2025 0 Supreme(All) 3036 • India - IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
... ... Ratio Decidendi: The Court determined that the necessity for both a Judicial Member and a Technical Member in an Appellate ... (A) Real Estate (Regulation and Development) Act, 2016 - Sections 43(3), 45, and 55 - Jurisdiction of the Real Estate Appellate Tribunal ... the matter for fresh adjudication upon the appointment of a Technical Member. ... Establishment of Real Estate#HL....
2020 0 Supreme(Ori) 80 • India - Orissa
B.R.SARANGI
REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 - SECTION 43(1), 44(1), 45, 51, 75(1), 75(2), 76(2) - ODISHA REAL ESTATE (REGULATION ... The Real Estate Appellate Tribunal (REAT) was established under the Real Estate (Regulation and Development) Act, 2016, with the ... The main issues raised in the writ petitions were the lack of financial autonomy for REAT, the absence of a permanent office, the ... The Appellate Tribunal shall ....
2001 0 Supreme(All) 600 • India - Allahabad
S.H.A.RAZA, R.P.NIGAM
the members and removal of Chairperson and the member. ... the members and removal of Chairperson and the member. 2. ... the absence of any statutory provision in the Waqf Act, 1995. ... A prayer was also made that the order dated 2-6-2000 passed by the State Government may be quashed. ... We are also of the view that in absence of any statutory provision in the Waqf Act, the power of amotion cann....
2022 0 Supreme(Chh) 192 • India - Chhattisgarh
GOUTAM BHADURI, SANJAY S.AGRAWAL
Tribunal - Under circumstances, since considerable time has passed after Act of 2016 came into being, it is directed that the State ... is required to establish Appellate Tribunal - Only appointment of single member committee will not complete constitution of Appellate ... Real Estate (Regulation & Development) Act, 2016 - Section 20, 43, 45 and 71 - Builders/Colonizers/Developers ... (3) of section 43, the Appellate Tribunal shall consist of at least one Judicial Member#HL_E....
2020 6 Supreme 65 • India - Supreme Court
L.NAGESWARA RAO, HEMANT GUPTA, S.RAVINDRA BHAT
Secretaries to Government of India – In case Tribunal is headed by a Chairperson who is not a judicial member, Search-cum-Selection ... dominance; (b) Appointment of persons without judicial experience to the posts of Judicial Members/ Presiding Officer/ Chairpersons ... parent or sponsoring department to be nominated by Cabinet Secretary – Secretary of parent or sponsoring department shall serve as Member-Secretary ... By an order ....
2010 0 Supreme(Bom) 807 • India - Bombay
B.P.DHARMADHIKARI, PRASANNA B.VARALE
F) Wakf Act (1995), Ss.9(2)(a), 14, 16:- On becoming a cabinet Minister, Chairperson ... In absence of any muslim member in electoral colleges under Section 14(1)(b)(i) to (iii), the ex-Muslim Members of Parliament, the State Legislature or muslim ex-members of the State Bar Council constitute the electoral colleges. ... In para 11, Section 29-A of that Act worded like Section 22 of Wakf Act is noticed and then in para 17, Hon'ble Apex Court has gathered intention of ....
2020 0 Supreme(P&H) 1398 • India - Punjab and Haryana
S.MURALIDHAR, AVNEESH JHINGAN
The orders passed by the Single Member of the Authority and the Appellate Tribunal were quashed for lack of jurisdiction. 3. ... Estate (Regulation and Development) Act, 2016 ('Act') and the Punjab Real Estate Regulatory Authority (Procedure for Handling Complaints ... The High Court of Punjab and Haryana, in a batch of matters, interpreted various provisions of the Real Estate (Regulation and ... Under Section 21 of the Act, the Authority had to mandatorily consist ....
2019 0 Supreme(Mad) 1824 • India - Madras
S.MANIKUMAR, SUBRAMONIUM PRASAD
consists of one Judicial Member, one Technical Member (Centre) and one Technical Member (State), is struck down - (iii) argument ... Members to the Appellate Tribunal in view of the issues which are likely to arise for adjudication under the CGST Act and in order ... However, we recommend Parliament must consider to amend section for including lawyers to be eligible to be appointed as Judicial ... (9) Each #HL_STA....
2018 3 Supreme 737 • India - Supreme Court
J.CHELAMESWAR, SANJAY KISHAN KAUL
or a Member of the State Commission can be chosen from fields mentioned – However, section 84(2) providing for selection of a person ... Insofar as the appointment of the Chairperson of these Commissions is concerned, the relevant provisions stipulate that the Chairperson ... Commission do not require its Chairperson to be a Judge. ... The Tribunal sits in Benches with at least one judicial member and one technical member. Section 1....
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