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State of Andhra Pradesh - Section

Section 25 in Andhra Pradesh Real Estate (Regulation and Development) Rules, 2017

25. Additional powers of the Authority.

(1)In addition to the powers specified in sub-section (2) of section 35 the regulatory authority shall have the following additional powers:
(a)to require the promoter, allottee or real estate agent to furnish in writing such information or explanation or produce such documents within such reasonable time, as it may deem necessary;
(b)to requisition, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (Central Act No.1 of 1872), any public record or document or copy of such record or document from any office.
(2)The regulatory authority may call upon such experts or consultants from the fields of urban planning, urban land administration, disaster management, fire services, accountancy, real estate, , construction, architecture, structural engineering or engineering or from any other discipline as it deems necessary, to assist the regulatory authority in the conduct of any inquiry or proceedings before it.
(3)On receipt of the application in prescribed form and complete in all respects under section 4 read with rule 3 for registration of a project, the Authority may review the documents submitted along with the application under rule 3 and enquire, inter-alia, into the following matters and such other matters, as it may consider necessary, prior to grant of registration within the time prescribed under sub-section (1) of section 5, namely:-
(a)the nature of rights and interest of the promoter to the land which is proposed to be developed;
(b)extent and location of area of land proposed to be developed;
(c)layout plan of the project;
(d)financial, technical and managerial capacity of the promoter to develop the project;
(e)plan regarding the development works to be executed in the project; and
(f)conformity of development of the project with neighboring areas.
(4)The Authority may in the interest of the allottees, enquire into the payment of amounts imposed as penalty, interest or compensation, paid or payable by the promoter, in order to ensure that the promoter has not:
(a)withdrawn the said amounts from the account maintained as provided under sub clause (D) of clause (l) of sub-section (2) of section 4; or
(b)used any amounts paid to such promoter by the allottees for the real estate project for which the penalty, interest or compensation is payable, or any other real estate project;
(c)recovered the amounts paid as penalty, fine or compensation from the allottees of the relevant real estate project or any other real estate project.