
HC Overturns Haryana Notification on HRERA Officer Powers for Recovery of Dues
4/28/2025 11:03:00 AM
The Punjab and Haryana High Court recently delivered a significant judgment by striking down a Haryana government notification that had granted HRERA officers the authority to recover dues from real estate transactions, including penalties, interest, and compensation. This decision has far-reaching implications for the enforcement of real estate regulations in the state. The notification, issued by the Haryana government, had empowered HRERA officers to act similarly to civil court officials, allowing them to recover dues directly from builders and real estate developers. However, the court ruled that this power is not in alignment with the Real Estate (Regulation and Development) Act, 2016, which does not confer such authority to HRERA officers. Instead, the court clarified that the responsibility to enforce dues recovery falls under the jurisdiction of revenue officers, as per the Haryana Land Revenue Act of 1887. This ruling reinforces the legal framework within which real estate transactions must be governed and highlights the importance of ensuring that authority is exercised by the correct legal bodies. The court also emphasized that any changes to this process must be made through proper legislative amendments. The decision is expected to reshape the way real estate dues are handled in Haryana and could prompt a review of enforcement procedures across the state’s real estate sector. This ruling has clarified the legal limits of HRERA's powers and reaffirmed the need for a well-defined, lawful approach to enforcing property-related dues.

INDIA