BACK TO RERA Act 2016
RERA Act 2016
Section 46
Establishment of Real Estate Appellate Tribunal
THE STATUTE
Original Text
The appropriate Government shall, by notification, establish an Appellate Tribunal to be known as the Real Estate Appellate Tribunal to hear appeals from the orders of the Authority or the adjudicating officer, as the case may be, under this Act:
Provided that the appropriate Government may, if it considers necessary, by notification, designate any Appellate Tribunal established under any other law for the time being in force, to be the Appellate Tribunal under this Act.
(2) The Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial Member and one shall be a Technical or Administrative Member.
(3) A person shall not be qualified for appointment as a Chairperson of the Appellate Tribunal unless he is a retired Judge of a High Court.
(4) A person shall not be qualified for appointment as a Judicial Member of the Appellate Tribunal unless he has been a District Judge for at least five years or has been an advocate of a High Court for at least fifteen years.
Legal Commentary
Section 46 establishes the appellate tier of RERA's dispute resolution architecture. Appeals from the RERA Authority (and Adjudicating Officer) go to the Appellate Tribunal — and from there, to the High Court.
**Three-tier dispute resolution:**
1. RERA Authority / Adjudicating Officer (first instance)
2. Real Estate Appellate Tribunal (first appeal)
3. High Court (second appeal) — only on questions of law
**Composition — judicial guarantee:** The Chairperson must be a retired High Court judge — ensuring legal expertise and judicial independence at the appellate level. The Technical/Administrative member provides regulatory and real estate expertise.
**Existing tribunal designation:** Rather than creating entirely new institutions, states can designate existing tribunals (like state administrative tribunals or arbitration tribunals) to serve as RERA Appellate Tribunals — saving setup costs and time.
**State-by-state variation:** The actual implementation varies significantly by state. MahaRERA has a dedicated RERA Appellate Tribunal in Mumbai. Some states have shared tribunals across multiple regulatory acts. Some states experienced initial delays in establishing their Appellate Tribunals — aggrieved parties could go directly to the High Court during this period.
Questions & Answers
The Appellate Tribunal is the second-tier body in RERA's dispute resolution hierarchy — it hears appeals from RERA Authority and Adjudicating Officer orders. Chaired by a retired High Court judge, it is more formal than the Authority but less formal than a court. Appeals from the Appellate Tribunal lie to the High Court on questions of law.