The Delhi Development Authority (DDA) has approached the Delhi High Court challenging the Real Estate Regulatory Authority’s (RERA) order mandating the registration of its housing projects under the Real Estate (Regulation and Development) Act, 2016 (RERA Act). The legal move, which stems from a 2021 RERA directive upheld by the Real Estate Appellate Tribunal (REAT) in 2024, brings into question whether statutory bodies like DDA fall under the purview of the RERA framework that typically governs private real estate developers.
Background of the Dispute
RERA’s Directive and Tribunal Endorsement
In 2021, the Delhi RERA ordered DDA to register its housing projects under Section 3 of the RERA Act, which mandates prior registration of real estate projects. The order was contested but ultimately upheld by the Real Estate Appellate Tribunal in September 2024.
DDA’s Argument
DDA maintains that its operations are governed by:
- Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968
- Nazul Rules, 1981
DDA asserts that it is fundamentally different from commercial developers and should not be considered a “promoter” under the RERA Act.
Key Highlights of the Case
| Aspect | Details |
|---|---|
| Petitioner | Delhi Development Authority (DDA) |
| Respondents | Delhi RERA and the Union of India |
| Key Law Invoked | Section 3 of the Real Estate (Regulation and Development) Act, 2016 |
| Tribunal Ruling | RERA’s decision upheld by REAT in September 2024 |
| Court Status | Delhi HC issued notice on May 28, 2025 |
| Legal Representation | Sr. Advocate Ramesh Singh, Advocate Vrinda Kapoor Dev for DDA |
DDA’s Stand: Statutory Autonomy over Commercial Intent
DDA argues that it does not operate with a profit motive and already has mechanisms in place for:
- Quality control
- Grievance redressal
- Accountability and monitoring
“The statutory scheme of the Delhi Development Act keeps the petitioner distinct from the other developers and promoters… Unlike other promoters and developers as is commonly understood, the petitioner does not require mandatory registration,” stated DDA in its plea.
The authority further emphasized that it should not be subjected to RERA’s regulatory regime since its functions are not aligned with those of private real estate entities.
Legal Proceedings So Far
On May 28, 2025, Justice Sachin Datta of the Delhi High Court issued notices to both Delhi RERA and the Central Government, seeking responses to DDA’s petition. The matter is currently pending before the court.
FAQs
Q1: Why did DDA move the Delhi High Court?
A: DDA challenged RERA’s directive requiring the registration of its housing projects, claiming it is not a “promoter” under the RERA Act and operates under different statutory frameworks.
Q2: What is Section 3 of the RERA Act?
A: Section 3 mandates that all real estate projects must be registered with the respective RERA before any advertisement or sale, aimed at promoting transparency and accountability.
Q3: What is DDA’s core argument?
A: DDA argues that its operations are governed by the Delhi Development Act and related regulations, which already ensure oversight and public accountability, unlike commercial real estate promoters.
Q4: What did the Real Estate Appellate Tribunal say?
A: The Tribunal upheld RERA’s 2021 directive in September 2024, affirming that DDA must register its projects under the RERA Act.
Q5: What’s next in the legal process?
A: The Delhi High Court has issued notices and will consider the responses of RERA and the Centre before proceeding with further hearings.