BACK TO RERA Act 2016
RERA Act 2016

Section 8

Obligation of Authority on Revocation of Registration

THE STATUTE

Original Text

Upon the revocation of the registration under section 7,— (a) the Authority may consult the allottees and take such steps as it may deem necessary to facilitate the remaining development works to be carried out in accordance with the development plan of such project; (b) the Association of allottees or any competent authority, as the may be specified by the regulations, shall complete the remaining development works within the period specified by the Authority; (c) the Association of allottees, for the purpose of carrying out the remaining development works, shall have the right of recourse to the bank guarantee furnished by the promoter at the time of registration under this Act.

Legal Commentary

Section 8 converts the regulatory sanction of revocation into a constructive relief mechanism — instead of simply punishing the promoter and leaving allottees in limbo, Section 8 creates a pathway for the project to be completed even after the promoter fails. **Two completion pathways:** 1. *Allottees' Association takes over* — the registered buyers form or use an existing Resident Welfare Association/Allottees' Association to manage completion of the remaining works. They can hire a new contractor, draw on the project escrow account (Section 4(2)(l)(D)), and complete the project for their own benefit. 2. *Competent authority completes* — government body (typically the local development authority) steps in to supervise and complete the project, recovering costs from the promoter's assets. **Bank guarantee recourse:** The promoter at registration must often furnish a bank guarantee — Section 8(c) gives the allottees' association the right to draw on this guarantee to fund completion. This is a critical financial mechanism. **The Amrapali precedent:** In the Amrapali cases (2019), the Supreme Court went beyond Section 8 and directed NBCC (a government construction company) to take over and complete the stalled Amrapali projects using Supreme Court-supervised funds. This executive intervention showed both Section 8's importance and its limitations when the financial hole left by a dishonest promoter is very large.

Questions & Answers

Yes — Section 8 specifically empowers allottees' associations to take over and complete a project after revocation. They can draw on the project escrow account and the promoter's bank guarantee to fund completion. The RERA Authority supervises this process.