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Section 44 : Application for settlement of disputes and appeals to Appellate Tribunal - The Real Estate (Regulation and Development) Act, 2016

How to file Application for settlement of disputes and appeals to Appellate Tribunal under section 44 of The Real Estate (Regulation and Development Act, 2016). Application for settlement of disputes and appeals to Appellate Tribunal is defined under Section 44 of the Act. Provisions under Section 44 are:

Section 44 "Application for settlement of disputes and appeals to Appellate Tribunal" - The Real Estate (Regulation and Development Act, 2016)

 

(1) The appropriate Government or the competent authority or any person aggrieved by any direction or order or decision of the Authority or the adjudicating officer may prefer an appeal to the Appellate Tribunal.

(2) Every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the Authority or the adjudicating officer is received by the appropriate Government or the competent authority or the aggrieved person and it shall be in such form and accompanied by such fee, as may be prescribed:

Provided that the Appellate Tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filling it within that period.

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may after giving the parties an opportunity of being heard, pass such orders, including interim orders, as it thinks fit.

(4) The Appellate Tribunal shall send a copy of every order made by it to the parties and to the Authority or the adjudicating officer, as the case may be.

(5) The appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days from the date of receipt of appeal:

Provided that where any such appeal could not be disposed of within the said period of sixty days, the Appellate Tribunal shall record its reasons in writing for not disposing of the appeal within that period.

(6) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the Authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to deposing of such appeal and make such orders as it thinks fit.

The Real Estate (Regulation and Development) Act, 2016

CHAPTER VI
CENTRAL ADVISORY COUNCIL

Section 41 : Establishment of Central Advisory Council

Section 42 : Functions of Central Advisory Council

CHAPTER VII
THE REAL ESTATE APPELLATE TRIBUNAL

Section 43 : Establishment of Real Estate Appellate Tribunal

Section 44 : Application for settlement of disputes and appeals to Appellate Tribunal

Section 45 : Composition of Appellate Tribunal

 

 

Section 46 : Qualifications for appointment of Chairperson and Members

Section 47 : Term of office of Chairperson and Members

Section 48 : Salary and allowances payable to Chairperson and Members

Section 49 : Removal of Chairperson and Member from office in certain circumstances

Section 50 : Restrictions on Chairperson or Judicial Member or Technical or Administrative Member on employment after cessation of office

 

 

Section 51 : Officers and other employees of Appellate Tribunal

Section 52 : Vacancies

Section 53 : Power of Tribunal

Section 54 : Administrative powers of Chairperson of Appellate Tribunal

Section 55 : Vacancies not to invalidate proceeding of Appellate Tribunal

 

 

Section 56 : Right to legal representation

Section 57 : Orders passed by Appellate Tribunal to be executable as a decree

Section 58 : Appeal to High Court

CHAPTER VIII
OFFENCES, PENALTIES AND ADJUDICATION

Section 59 : Punishment for non registration under section 3

Section 60 : Penalty for contravention of section 4

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