Executive Summary
The Real Estate Appellate Tribunal (REAT) provides the appellate mechanism under RERA, hearing appeals from both the RERA Authority and Adjudicating Officer. Understanding appellate practice is essential for effective litigation:
- Jurisdiction: Appeals from Authority and AO orders
- Limitation: 60 days from order date
- Deposit requirements: Pre-deposit conditions may apply
- Stay jurisdiction: Interim relief available
- Powers: Wide remedial powers
- Further appeal: To High Court on substantial questions
This guide examines Tribunal procedure, practice, and strategic considerations.
1. Statutory Framework
Section 43 - Appellate Tribunal
| Provision |
Scope |
| Section 43(1) |
Establishment of Tribunal |
| Section 43(5) |
Appeal from Authority/AO |
| Section 44 |
Composition |
| Section 53 |
Procedure |
| Section 58 |
Appeal to High Court |
Tribunal Composition
| Member |
Qualification |
| Chairperson |
Former/sitting High Court Judge |
| Judicial Member |
Judicial experience requirements |
| Technical Member |
Technical expertise (some states) |
2. Appellate Jurisdiction
Appeals Entertainable
| From |
Subject |
| RERA Authority |
Any order under RERA |
| Adjudicating Officer |
Compensation/penalty orders |
| Any person aggrieved |
By orders affecting rights |
Non-Appealable Orders
| Order Type |
Status |
| Interlocutory orders |
Generally not appealable |
| Administrative decisions |
Review before Authority |
| Procedural rulings |
Limited appeal scope |
3. Filing Requirements
Limitation Period
| Category |
Period |
| Standard appeals |
60 days from order |
| Condonation |
Additional 60 days (sufficient cause) |
| Total maximum |
120 days with condonation |
Appeal Memorandum
| Element |
Requirement |
| Parties |
Appellant and respondent details |
| Order appealed |
Date, forum, order number |
| Grounds |
Specific grounds of appeal |
| Relief sought |
Prayer clause |
| Affidavit |
Verification of contents |
Documents Required
| Document |
Purpose |
| Impugned order |
Certified copy |
| Grounds of appeal |
Detailed grounds |
| Vakalatnama |
If represented |
| Fee payment proof |
Appeal fee receipt |
| Index |
List of documents |
4. Pre-Deposit Requirements
Section 43(5) Mandate
| Requirement |
Specification |
| Condition |
May be directed by Tribunal |
| Amount |
Up to 30% of penalty/amount |
| Discretion |
Tribunal's discretion |
| Waiver |
In exceptional circumstances |
Arguments Against Pre-Deposit
| Argument |
Basis |
| Prima facie case |
Strong case on merits |
| Financial hardship |
Inability to deposit |
| Irreparable harm |
If order executed |
| Balance of convenience |
In appellant's favor |
5. Stay Applications
Interim Relief
| Type |
Scope |
| Stay of execution |
Of impugned order |
| Status quo |
Maintaining current position |
| Injunction |
Against specific action |
Stay Considerations
| Factor |
Weight |
| Prima facie case |
Essential |
| Irreparable harm |
If not stayed |
| Balance of convenience |
Between parties |
| Public interest |
If applicable |
Conditions for Stay
| Condition |
Common Requirements |
| Deposit |
Partial amount |
| Security |
Bank guarantee |
| Undertaking |
Compliance assurance |
| Timeline |
Expedited hearing |
6. Hearing Procedure
Stages
| Stage |
Process |
| Filing |
Appeal registered |
| Notice |
To respondent |
| Counter |
Respondent's reply |
| Rejoinder |
Appellant's reply to counter |
| Arguments |
Final hearing |
| Judgment |
Reserved or pronounced |
Hearing Conduct
| Aspect |
Procedure |
| Appearance |
In person or through counsel |
| Documents |
Paper book filing |
| Arguments |
Time-limited |
| Adjournments |
Sparingly granted |
7. Powers of Tribunal
Section 53 Powers
| Power |
Scope |
| Summon witnesses |
Compel attendance |
| Require documents |
Production orders |
| Receive evidence |
Oral or documentary |
| Commission |
For examination |
| Review |
Own orders |
| Power |
Application |
| Confirm |
Uphold order |
| Modify |
Change partially |
| Set aside |
Annul order |
| Remand |
Send back for fresh decision |
| Substitute |
Replace with own order |
8. Execution of Tribunal Orders
Enforcement Mechanism
| Method |
Process |
| Direct compliance |
Binding on parties |
| Execution petition |
If not complied |
| Contempt |
For willful disobedience |
| Recovery |
As land revenue arrears |
Non-Compliance Consequences
| Consequence |
Provision |
| Penalty |
Additional penalties |
| Interest |
On delayed payment |
| Prosecution |
For contempt |
| Attachment |
Of property |
9. Further Appeal to High Court
Section 58 - Appeal to High Court
| Aspect |
Requirement |
| Scope |
Substantial question of law |
| Limitation |
60 days from Tribunal order |
| Forum |
High Court of concerned state |
| Grounds |
Only on questions of law |
Substantial Question of Law
| Qualifies |
Does Not Qualify |
| Interpretation issues |
Factual findings |
| Jurisdictional questions |
Evidence appreciation |
| Procedural violations |
Minor irregularities |
| Legal principles |
Discretionary matters |
10. State Tribunal Locations
| State |
Tribunal |
| Maharashtra |
MahaREAT, Mumbai |
| Karnataka |
REAT, Bangalore |
| Uttar Pradesh |
UPRERA Tribunal, Lucknow |
| Delhi-NCR |
HRERAT, Gurugram |
| Gujarat |
GujRERA Tribunal, Ahmedabad |
11. Strategic Considerations
When to Appeal
| Consideration |
Guidance |
| Adverse order |
On substantial issues |
| Error of law |
Misapplication of RERA |
| Factual error |
Perverse findings |
| Relief inadequate |
Insufficient remedy |
Appeal Strategy
| Aspect |
Approach |
| Grounds drafting |
Specific, not omnibus |
| Stay application |
If order harmful |
| Timeline |
Within 60 days |
| Settlement |
Consider during appeal |
12. Compliance Checklist
Pre-Filing
Filing
During Appeal
13. Key Takeaways for Practitioners
60-Day Limitation: Strict; file appeal timely with stay if needed.
Pre-Deposit Strategic: Argue for waiver or reduction if required.
Stay is Critical: Seek interim relief to prevent irreparable harm.
Grounds Matter: Specific, well-drafted grounds essential.
Tribunal Powers Wide: Can modify, set aside, or remand.
High Court Limited: Only substantial questions of law.
Execution Important: Plan for enforcement if successful.
Conclusion
The RERA Appellate Tribunal provides effective appellate review of Authority and Adjudicating Officer orders. Understanding the procedure, pre-deposit requirements, and stay jurisdiction enables practitioners to effectively represent clients in appellate proceedings. The further appeal to High Court on substantial questions of law ensures access to higher judicial review where warranted.
