AI Overview...
- Pari Materia with Section 81 of the RERA Act - Main points and insights:
- Section 81 of the RERA Act pertains to the delegation of powers by the regulatory authority. It explicitly states that the powers conferred under the Act are non-delegable to any of its members or officers, emphasizing the authority's independence and accountability (Source: 00400057650, 00100074428).
- The section authorizes the authority to delegate its powers to a single member only through general or specific written orders, but such delegation is limited and must adhere to the statutory framework (Source: 01300037608).
- The principle of non-delegability is reinforced by judicial interpretations, which clarify that powers under Section 81 cannot be delegated arbitrarily, ensuring proper oversight and accountability (Source: 00100074428).
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There is a consistent understanding that Section 81 aims to prevent arbitrary delegation, maintaining the integrity of the authority's decision-making process (Source: 01300037608).
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Analysis and Conclusion:
- Section 81 of the RERA Act aligns with the doctrine of non-delegability of powers, similar to other pari materia provisions in related laws, ensuring that key decisions are made by the authority itself and not delegated to subordinate members or officers without proper authority.
- The section provides a clear statutory safeguard against arbitrary delegation, reinforcing the independence of the regulatory authority.
- Judicial rulings support this interpretation, emphasizing that delegation under Section 81 must be specific, written, and within the scope of the powers conferred, thereby upholding the principles of good governance and accountability within RERA's framework.
References: - 00400057650 - 00100074428 - 01300037608
Search Results for "Pari Materia Section of Section 81 of the Rera Act"
• India - Delhi High Court
SANJEEV NARULA
(A) Arbitration and Conciliation Act, 1996 - Section 11(6) - Dispute regarding non-refund of amount and cancellation of allotment ... Act jurisdiction - Court rules existence of disputes requires arbitration, not barred by RERA provisions, and emphasizes valid arbitration ... Act applies. ... Section 88 of RERA is pari materia to -#HL....
2021 0 Supreme(SC) 294 • India - Supreme Court
D.Y.CHANDRACHUD, M.R.SHAH
, 1993 - Maharashtra Housing (Regulation and Development) Act, 2012 - Constitutional Validity Of Act - Challenged - Bill for enactment ... of RERA was introduced in the Rajya Sabha - Bill was passed by the Rajya Sabha and by the Lok Sabha - Law received the assent of ... , since it would stand impliedly repealed upon the enactment of the RERA - Since its enforcement in State of West Bengal, WB-HIRA ... While this definitio....
2018 0 Supreme(Bom) 1358 • India - Bombay
SHALINI PHANSALKAR JOSHI
of RERA against orders passed by Adjudicating Authority under Section of Act - By impugned orders Appellate Tribunal has set aside ... Real Estate (Regulation and Development) Act, 2016 - Section 58 - Agreement to Lease - Promoter - Sale of ... very well avoided registration under RERA because in that case Appellant could have contended that it is not bound by Section o....
2021 8 Supreme 15 • India - Supreme Court
UDAY UMESH LALIT, AJAY RASTOGI, ANIRUDDHA BOSE
such powers are non-delegable to any of its members or officers in exercise of power under Section 81 of Act. ... (Paras 85, 115 and 140) (E) Real Estate(Regulation and Development) Act, 2016 – Section 81 – Delegation of ... power to hear complaints – Section 81 of Act 2016 empowers authority, by general or special order in writing, t....
2023 0 Supreme(Guj) 371 • India - Gujarat
BIREN VAISHNAV
Real Estate (Regulation & Development) Act, 2016 – Section 12, 14, 18, 19 , 71, 31 and 72 – Company - Landmark ... The context here means, the statute as a whole, the previous state of the law, other statutes in pari materia, the general scope ... Question no. 3: Whether Section 81 of the Act authorizes the authority to delegate its powers to a single member of the auth....
• India - Appellate Side,Bombay
DR. SHALINI PHANSALKAR-JOSHI, J
Section 18 of the RERA is available only, against the Promoter's failure, under Section 31 of the said Act,
2024 0 Supreme(All) 1462 • India - Allahabad
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
(Paras 5, 11, 18, 34, 144, 185) (B) Deemed Registration - Section 5(2) of RERA Act mandates that if an application ... (Paras 5, 34, 185) (C) Promoter Definition - Under Section 2(zk), a promoter can be a developer without ownership ... (A) Real Estate (Regulation and Development) Act, 2016 - Sections 2(zk), 4, 5, 11, 18 - Application for ... materia and the mischief wh....
2025 Supreme(Online)(Cal) 2476 • India - IN THE HIGH COURT AT CALCUTTA
Rajasekhar Mantha, Ajay Kumar Gupta, JJ
(A) West Bengal Apartment Ownership Act, 1972 - Sections 2, 5, 7, 10, and 10A - New Town Kolkata Development Authority Act, 2007 ... - Sections 71, 75, 81, and 82 - Revised sanction plan granting construction of a 16th tower without consent of existing flat owners ... (Paras 6, 26, 227) ... ... (B) The principle of consent under Section 7 of ... Section 81#H....
2019 5 Supreme 3 • India - Supreme Court
ARUN MISHRA, UDAY UMESH LALIT
, 2016 – Section 11(4)(h) – U.P. ... , 2016 – Section 11(4)(h) – U.P. ... Apartments (Promotion of Construction, Ownership, and Maintenance) Act, 2010 – Section 17 – Booking of Apartments with Amrapali Group ... (1) of section 17 of this Act.” ... under section 49 of the Registration Act. ... Morgan under Section 195 of the Income Tax....
1986 0 Supreme(Gau) 54 • India - Gauhati
B.L.HANSARIA, K.N.SAIKIA
Similar provision is contained in Section 12 of the Limitation Act which provides : ... “12. ... Thus the power of the revisional authority under this section is very limited. ... The question is whether following the spirit of this section, the High Court should confine itself only to the question of jurisdiction
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