Wednesday, 18 July 2018

Delegation of power under Section 39 of the Real Estate (Regulation & Development) Act, 2016

The Maharashtra Real Estate Regulatory Authority (‘MahaRERA’) issued a circular on June 21, 2018 delegating its powers under Section 39 of the Real Estate (Regulation and Development) Act, 2016 (‘Act’) to Shri S. B. Bhale and Shri M. V. Kulkarni who were appointed as adjudicating officers on the panel of MahaRERA. As per Section 81 of the Act, the Real Estate and Regulatory Authority (‘Authority’) has the power to delegate its powers and functions under the Act to any member or officer of the Authority or to any other person. Additionally, as per Section 39 of the Act, the Authority has the power to amend any order passed by it within two years from the date of such order to rectify any mistake apparent from record provided the mistake is brought to its notice by the parties.

By means of this Circular, MahaRERA delegates the power of amending any order passed by the two adjudicating officers to the two adjudicating officers so that the orders passed by them can be amended by them whenever required. 

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