Independent tribunal funding under real estate law is essential for effective appellate adjudication and statutory remedy

Under the Real Estate (Regulation and Development) Act, 2016, the Real Estate Appellate Tribunal is treated as a distinct adjudicatory body from the Regulatory Authority, with its own composition, staff, supervision and funding framework. The statutory scheme, together with the State Rules, indicates that the Tribunal must have independent budgetary support, office space, staffing and infrastructure to function effectively and preserve the statutory appeal remedy. Dependence on the Authority's financial control would undermine that separate role and frustrate effective adjudication. The State was therefore directed to make the Tribunal functional through separate financial and administrative arrangements.

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Issues: Whether the Real Estate Appellate Tribunal, though constituted, had to be given financial autonomy, separate budgetary allocation and adequate staffing and infrastructure so that it could function independently and effectively under the Real Estate (Regulation and Development) Act, 2016.

Analysis: The statutory scheme under the Real Estate (Regulation and Development) Act, 2016 treats the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal as distinct bodies with separate functions. The Act requires establishment of the Appellate Tribunal, provides for its composition, appointment of members, staff, superintendence by the Chairperson, and funding through the Real Estate Regulatory Fund. The Rules framed by the State also contemplate administrative powers, staffing and efficient functioning of the Tribunal. On that framework, the Tribunal cannot be left dependent upon or subsumed within the Authority's financial control. Effective adjudication of appeals requires independent budgetary support, staffing, office space and operational infrastructure, and delay in providing these essentials frustrates the statutory remedy of appeal.

Conclusion: The requirement of financial autonomy and independent administrative support for the Tribunal was answered in the affirmative and the writ petitions were allowed with directions to the State to make the Tribunal functional.

Ratio Decidendi: Where a statute creates a separate appellate tribunal with an independent adjudicatory function and provides for a dedicated fund and administrative setup, the State must its effective functioning through separate financial and infrastructural arrangements rather than leaving it dependent on the authority whose orders are appealable.

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