Section 58 of RERA 2016: Appeal to High Court
Section 58 of the Real Estate (Regulation and Development) Act, 2016 governs appeals from decisions or orders of the Real Estate Appellate Tribunal to the appropriate High Court. It specifies the time limit, permissible grounds, jurisdiction and exclusion of consent orders.
An aggrieved person may appeal within 60 days from communication of the Tribunal's decision or order, on grounds specified in Section 100 of the Code of Civil Procedure, 1908. Delay may be condoned for sufficient cause. No Section 58 appeal lies against a consent decision or order.
Section 58: Appeal to High Court - statutory provision
Section 58(1): Appeal, 60-day period and jurisdiction
Any person aggrieved by a decision or order of the Appellate Tribunal may file an appeal before the High Court within 60 days from the date on which the decision or order is communicated to that person. The appeal must rest on one or more grounds specified in Section 100 of the Code of Civil Procedure, 1908.
Proviso: The High Court may entertain an appeal after the 60-day period if satisfied that sufficient cause prevented the appellant from filing it within time.
Explanation: "High Court" means the High Court of the State or Union territory in which the real estate project is situated.
Section 58(2): Consent orders
No appeal lies against a decision or order made by the Appellate Tribunal with the consent of the parties.
Grounds for a High Court appeal under Section 100 CPC
Section 100 of the Code of Civil Procedure, 1908 regulates second appeals and centres on a substantial question of law. Because Section 58 expressly adopts its grounds, a RERA High Court appeal is not ordinarily an unrestricted second examination of evidence or facts. The memorandum should identify and formulate the substantial question or questions of law arising from the Tribunal's decision.
A substantial question of law may arise, depending on the record, where the Tribunal has applied an incorrect legal test, materially misconstrued a statutory provision, or decided a legal issue contrary to binding law. Mere disagreement with the Tribunal's factual appreciation does not by itself establish such a question.
Limitation: 60 days from communication of the order
The statutory period runs from the date of communication of the Appellate Tribunal's decision or order to the aggrieved person, rather than automatically from the date it was pronounced. A delayed appeal should be accompanied by an application explaining the cause of delay with supporting material. Condonation is discretionary and requires the High Court to be satisfied that there was sufficient cause.
How to file an appeal under Section 58
- Identify the challenged order: Obtain the Tribunal's order and evidence of the date on which it was communicated.
- Determine the competent High Court: Identify the State or Union territory in which the real estate project is situated.
- Frame the legal grounds: Set out the substantial question(s) of law and show how the Tribunal's decision gives rise to them under Section 100 CPC.
- Prepare the appeal papers: Include the memorandum of appeal, material orders, necessary documents and supporting affidavits as required by the applicable High Court rules.
- Address limitation and interim relief: Where applicable, file an application for condonation of delay and a separately supported request for interim protection or stay.
- Follow court-specific requirements: Verify the relevant High Court's current filing, e-filing, court-fee, formatting and service rules before submission.
Filing an appeal does not, by itself, automatically stay the Tribunal's order. Any stay or interim relief depends on an order of the competent court.
Relationship with other RERA provisions
Section 44 concerns appeals to the Appellate Tribunal; Section 53 describes the Tribunal's procedural powers; and Section 57 provides for execution of its orders. Section 58 then provides the statutory route to the High Court, subject to its express limitations.
Frequently asked questions
What is the time limit for a RERA appeal to the High Court?
An aggrieved person ordinarily has 60 days from communication of the Appellate Tribunal decision or order. The High Court may admit a later appeal on proof of sufficient cause.
Can the High Court reconsider every factual finding?
Section 58 refers to the grounds in Section 100 of the Code of Civil Procedure, 1908. The appeal generally requires a substantial question of law rather than a routine rehearing of facts.
Which High Court hears the appeal?
The High Court of the State or Union territory where the real estate project is situated.
Can a consent order be appealed under Section 58?
No. Subsection (2) excludes an appeal against a decision or order made with the consent of the parties.
Official legal resources
Information is general in nature. Applicable High Court rules, subsequent statutory changes and binding judicial decisions should be checked for individual cases.