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As per case facts, the Petitioner challenged a notification that vested the Adjudicating Officer of HRERA with Collector powers under the Haryana Land Revenue Act to execute recovery certificates. These
...certificates pertain to interest, penalty, and compensation under the RERA Act. The Petitioner argued this was illegal and arbitrary, contending it contravened RERA Act provisions regarding distinct adjudicatory and executory jurisdictions. A prior court judgment had directed the State to amend rules or appoint revenue officials for recoveries, but the impugned notification instead empowered the Adjudicating Officer directly. The question arose whether this notification, by conferring Collector powers on an Adjudicating Officer whose primary role is adjudging compensation, validly allows them to execute orders for interest and penalties passed by other authorities under RERA. Finally, the High Court allowed the Petition, quashing the notification. It ruled that while recoveries are as arrears of land revenue, distinct authorities (regulatory, appellate, adjudicating officer) must separately execute their own orders through applications, maintaining their respective executory jurisdictions as per RERA Act Section 40(1) and Rule 27 of the Rules.
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