REAL ESTATE LAW / RERA 2016

Section 39 of RERA, 2016: Rectification of Orders by the Regulatory Authority

Section 39 of the Real Estate (Regulation and Development) Act, 2016 allows the Real Estate Regulatory Authority to correct a mistake apparent from the record in its own order. This limited power is subject to a two-year period, restrictions where an appeal has been preferred, and an express prohibition on changing the substantive part of an order.

Section 39: Rectification of orders - statutory text

The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties:
Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act:
Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act.

What does rectification of orders mean?

Rectification means correcting an identifiable mistake in an order, rather than rehearing or deciding the dispute afresh. A mistake apparent from the record is an error discernible from the existing record without a lengthy reconsideration of contested facts or law. Examples may include an obvious clerical, typographical or calculation error, depending on the record and circumstances. Section 39 is not a general power of review or an alternative to an appeal.

Conditions and limitations under Section 39

Two-year limit: The power must be exercised within two years from the date of the order.
Authority's own order: The provision concerns an order passed by the Real Estate Regulatory Authority itself.
Apparent mistake: The correction must address a mistake apparent from the record; a party's disagreement with the merits is not enough.
Party-identified mistake: Where a party brings such a mistake to the Authority's notice, Section 39 states that the Authority shall make the appropriate amendment, subject to the statutory limits.
No rectification after appeal preferred: An order against which an appeal has been preferred under the Act cannot be amended under Section 39.
No substantive alteration: Rectification cannot change the substantive part of the order or operate as a fresh adjudication.

How to seek correction of an RERA order

Identify the order, its date and the precise error, and point to the relevant part of the existing record demonstrating the mistake. Submit the request in the manner prescribed by the applicable State or Union Territory RERA rules and the Authority's filing procedures. State why the proposed correction does not alter the substantive decision, and disclose whether an appeal has been preferred. Section 39 itself does not prescribe a universal application form or a separate filing fee; procedural requirements may vary across Authorities.

For a challenge to the legal or factual merits of an order, the statutory appeal route, rather than rectification, may be appropriate. Parties should check the applicable appeal period and any conditions for filing an appeal.

Section 35 permits the Authority to call for information and conduct investigations; Section 36 concerns interim orders; Section 37 concerns binding directions; Section 38 addresses the Authority's powers and procedure; and Section 40 addresses recovery and enforcement. Appeals to the Real Estate Appellate Tribunal are dealt with under Section 44, subject to the applicable statutory conditions.

Official legal sources

Consult the India Code legislative database for the Real Estate (Regulation and Development) Act, 2016 and the Ministry of Housing and Urban Affairs for central RERA information. For filing rules and case-specific procedure, consult the relevant State or Union Territory Real Estate Regulatory Authority's official portal.

This explanation describes the central Act. State and Union Territory rules govern applicable procedural details.