Page 49 - RERA Performance Report 2020

49 U.P. RERA PERFORMANCE REPORT 2020

Chapter 7

Way forward and Road Map for U.P. RERA
A Firm Regulator Helping also to Transform the Realty

By Abrar Ahmed, Secretary U.P. RERA
With Raghavendra Mandavilli and Surbhi Jain

Real Estate Regulatory Authority (RERA) is the creation of the Real Estate (Regulation and
Development) Act, 2016 (RERA). This Act is the embodiment of the resolve of the leadership
of the nation to effectively address the challenges relating to one of the three basic needs of
its citizens, i.e. Makaan out of Roti, Kapda aur Makaan. The messianic thinking of the
legislature candidly runs through the objectives of the Act reproduced below:

An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the
real estate sector and to ensure sale of plot, apartment or building, as the case may be, or
sale of real estate project, in an efficient and transparent manner and to protect the interest
of consumers in the real estate sector and to establish an adjudicating mechanism for
speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from
the decisions, directions or orders of the Real Estate Regulatory Authority and the
adjudicating officer and for matters connected therewith or incidental thereto.

The proclaimed objectives, representing the national aspirations, are:
• Establishing the Real Estate Regulatory Authority
• Regulation and promotion of the real estate sector
• Ensuring efficiency and transparency in the sale of plots, apartments and buildings or
sale of real estate projects
• Protecting the interests of the consumers in the real estate sector
• Establishing an adjudicating mechanism for speedy redressal of disputes
• Establishing an appellate tribunal for appeals against the orders of the Authority and the
adjudicating officer
• For matters connected therewith or incidental thereto

The Real Estate Regulatory Authority is the instrument to realize these cherished objectives.
There have been consumer courts and the development authorities already into existence.
If the legislature was intending only to protect the interests of the consumers, it could have
simply strengthened the consumer protection law and the courts established under it. If
the intention was only the promotion of the real estate sector, the legislature could have
simply looked for improvements in the laws relating to various development authorities and
their functions. If it was only to ensure transparency and accountability, it could have
created a strong auditing regime. The national leadership was looking for a holistic solution.
Therefore, through this Act, it provided for the constitution of the Authority in such a way
that it is inherently capable of this gigantic task and is also sufficiently empowered for this
mandate.

The performance of RERA will always be commensurate with the vision and wisdom of the
men and women appointed to administer its affairs. It goes to the credit of the leadership of
the state that it picked as the first chairman and members the people who, by virtue of their
qualification, experience and aptitude, were most suitable for the job.