Real Estate Appellate Authority Can’t Initiate Suo Moto Proceedings: Delhi High Court
[26 May 2022] The Delhi High Court has held that the Real Estate Appellate Authority cannot possibly be recognized as conferred with the power to initiate proceedings suo moto or on its own motion. Analyzing the relevant provisions of the Real Estate (Regulation and Development) Act, 2016, Justice Yashwant Varma added that the Appellate Tribunal is a creation of statute and that it is not an authority which may be recognised as being vested with inherent powers. “Regard must also be had to the fact that the Appellate Tribunal is not part of the hierarchy of traditional judicial institutions which constitute the judicial system of our country. It is an appellate forum whose origin and formation stems from the provisions of the Act. It is in that sense an adjudicatory authority which owes its existence and authority to a special statute,” the Court observed.