Response

The Real Estate Appellate Tribunal (REAT) has been set up to hear appeals against orders passed by the Real Estate Regulatory Authority (RERA). An appeal challenging a RERA order must be filed within sixty days. This time limit will be calculated from the day on which a certified copy of the order was given to the Appellant.

It was established under Section 43 of the Real Estate Regulation Act, 2016, the REAT can examine the legality of orders passed by the RERA and decide whether to uphold or overturn them. Orders passed by REAT can further be appealed by filing an appeal in the High Court of the state. In your case, Bombay High Court has the jurisdiction to hear the appeals against the Maharashtra Real Estate Appellate Authority. Such an appeal must state the grounds of fact and law on the basis of which the order is challenged.

Once the REAT decides the matter, the order can be challenged by filing an Appeal in the High Court. Such an appeal must be filed within sixty days from the date of communication of the order to the Appellant. Communication of the order is considered complete when (i) It is uploaded upon the website or (ii) When certified copy is provided to the Appellant, whichever is earlier.

Reference: Section 43 of the Real Estate Regulation Act, 2016

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LAWAYZ-2023-429