Real Gem Buildtech Private Limited and Sunita Goenka Shareholder v. Union of India and 2 Ors.
Case brief
What is this about?
Petitioners challenged the constitutional validity of the Real Estate (Regulation and Development) Act, 2016, arguing that mandatory registration, deposit requirements, penalty provisions, and the composition of the Appellate Tribunal violated fundamental rights under Articles 14, 19, 20, and 300-A. The Court held that while penalties are prospective and registration revocation does not amount to expropriation, the qualification for a Judicial Member in the Appellate Tribunal based on Additional Secretary rank was severed as unconstitutional. The remaining provisions were upheld as valid.
What did the court decide?
Challenge to constitutional validity of most sections dismissed; Requirement in Section 46(1)(b) that a Judicial Member must be an Additional Secretary of the Indian Legal Service is severed and struck down.