DDA Challenges RERA Order to Register Housing Projects in Delhi High Court
The Delhi Development Authority (DDA) has moved the Delhi High Court to challenge the Real Estate Regulatory Authority's (RERA) directive to register its housing projects, arguing that it is not a 'promoter' under the RERA Act.
DdaReraReal EstateDelhi High CourtHousing ProjectsReal Estate NewsJun 10, 2025
On May 28, Justice Sachin Datta issued a notice to RERA and the Centre, requesting their responses to the DDA's plea. The case is set to be heard on July 7.
Senior advocate Ramesh Singh and advocate Vrinda Kapoor Dev represented the DDA in the petition. They referred to RERA's 2021 order, which directed the DDA to register its projects under Section 3 of the RERA Act. This section mandates the prior registration of real estate projects with RERA.
The Real Estate Appellate Tribunal upheld RERA's decision in September 2024. However, the DDA argued that its statutory obligations are not covered under the RERA Act. The DDA operates under the Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968, and the Nazul Rules, 1981, which provide a comprehensive framework for its operations.
According to the DDA, it is not a 'promoter' of housing projects as defined by the RERA Act. Unlike other private developers and promoters, the DDA is not driven by commercial or profit motives. Instead, it has established in-house mechanisms for quality control, grievance redressal, and accountability, making additional RERA oversight unnecessary.
The petition emphasizes that the statutory scheme of the Delhi Development Act distinguishes the DDA from other real estate developers and promoters. The disposal of developed land and built-up properties by the DDA is governed by statutory rules and regulations, which are different from those applicable to private developers. The DDA argues that these differences should exempt it from mandatory registration under the RERA Act.
The DDA's plea seeks to have RERA's decision reined in and to clarify its position as a distinct entity from private real estate developers. The matter is currently pending in the Delhi High Court, and the next hearing is scheduled for July 7.
The DDA's challenge highlights the ongoing debate over the scope and application of the RERA Act, particularly in the context of government authorities involved in real estate development. The outcome of this case could have significant implications for other government bodies and their compliance with the RERA Act.
Frequently Asked Questions
What is the RERA Act?
The RERA Act, or the Real Estate (Regulation and Development) Act, 2016, is a law in India that regulates the real estate sector. It aims to protect the interests of homebuyers and promote transparency and accountability in real estate transactions.
Why did the DDA file a petition in the Delhi High Court?
The DDA filed a petition in the Delhi High Court to challenge the Real Estate Regulatory Authority's (RERA) directive to register its housing projects. The DDA argues that it is not a 'promoter' under the RERA Act and should not be required to register its projects.
What is the significance of the DDA's legal challenge?
The DDA's legal challenge is significant because it could set a precedent for other government bodies involved in real estate development. If the DDA succeeds, it may influence how the RERA Act is applied to similar entities.
What are the key arguments presented by the DDA in its petition?
The DDA argues that it operates under the Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968, and the Nazul Rules, 1981, which provide a comprehensive framework for its operations. It also claims to have in-house mechanisms for quality control, grievance redressal, and accountability.
What is the next step in the legal process?
The next step in the legal process is the hearing scheduled for July 7 in the Delhi High Court. The court will hear the responses from RERA and the Centre and make a decision on the DDA's petition.
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