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Judgment
The case was reserved for orders on 10.12.2024 and pronounced in open court on 15.01.2025.
The Applicant/Complainant filed an application dated 10.06.2025, stating that in complaint no. 36/02/2023, the date of pronouncement of the final order has been erroneously mentioned as 15.01.2024 instead of 15.01.2025.
The Applicant/Complainant has sought rectification of this typographical error through the present application.
It is pertinent to note that under Section 39 of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as “RE(RD) Act, 2016” or “Act”) the Authority can rectify any error that is apparent from the record. The text of section 39 of RE (RD) Act, 2016 is reproduced below:
Section 39: Rectification of orders
“The Authority may, at any time within a period of two years from the date of the order made under this Act, with a view to rectifying any mistake apparent from the record, amend any order passed by it, and shall make such amendment, if the mistake is brought to its notice by the parties:
Provided that no such amendment shall be made in respect of any order against which an appeal has been preferred under this Act:
Provided further that the Authority shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this Act.”
The Authority observes that there has been a typographical mistake which can be corrected under section 39 of the RE(RD) Act, 2016 as the said correction is purely clerical and do not alter the substantive findings, reasoning or operative portions of the original order.
This Authority, after considering the application, orders that the date mentioned as 15.01.2024 on page no.1 of the final order in complaint no. 36/02/2023 be rectified and read as “15.01.2025”.
The present rectification order shall be read as part and parcel of the main order. Thus, this order shall be annexed to the final order dated 15.01.2025 and be uploaded on the website.