SC strikes down WB’s HIRA law on real estate regulations
Real Estate

SC strikes down WB’s HIRA law on real estate regulations

The Supreme Court (SC) struck out West Bengal's law on regulating the real estate sector, stating it as unconstitutional as the State's statute encroached upon the Centre's Real Estate (Regulation and Development) Act (RERA).

The apex court noted that the West Bengal Housing Industry Regulatory Authority (WB HIRA) has failed to include valuable safeguards for the homebuyers. A bench of justices—DY Chandrachud and MR Shah—said the West Bengal Housing Industry Regulation Act (HIRA), 2017 is somewhat identical to the centre's RERA repugnant to Parliament's law.

The judgement came on a plea of 'Forum For People's Collective Efforts', an umbrella homebuyers association, challenging the constitutional validity of West Bengal Housing Industry Regulation Act, 2017, which is more or less identical to the Centre's RERA.

Pronouncing the verdict through video conferencing, Justice Chandrachud said that fundamental features of the WB HIRA overlap and is a word-to-word duplication of the centre's RERA.

The bench, which passed a lengthy verdict on the issue, said that West Bengal’s HIRA touches upon entry six and seven of the concurrent list, which was occupied by the law passed by Parliament and set up a parallel regime in the State.

The panel said that WB HIRA is directly in conflict with RERA, without any valuable safeguards for the home buyers, and that it is invoking powers under Article 142 to hold that registrations of properties done under the state law before its verdict will be valid.

During the hearing of the petition, the top court wondered whether a state, in the name of cooperative federalism, enact legislation under the concurrent list to occupy the same subjects in which Parliament has enacted a law.

The court observed that both centre's RERA and WB HIRA dealt with issues of providing reliefs to home buyers and promoting real estate sectors, but some of the provisions of the state's legislation were in direct conflict with the law passed by the Parliament.

It had wondered why a state would have a similar law enacted when there is already a law passed by Parliament and said many provisions in WB HIRA are similar to the central government's RERA.

Image Source


Also read: Impacts of interpretations on RERA: A legal analysis

The Supreme Court (SC) struck out West Bengal's law on regulating the real estate sector, stating it as unconstitutional as the State's statute encroached upon the Centre's Real Estate (Regulation and Development) Act (RERA). The apex court noted that the West Bengal Housing Industry Regulatory Authority (WB HIRA) has failed to include valuable safeguards for the homebuyers. A bench of justices—DY Chandrachud and MR Shah—said the West Bengal Housing Industry Regulation Act (HIRA), 2017 is somewhat identical to the centre's RERA repugnant to Parliament's law. The judgement came on a plea of 'Forum For People's Collective Efforts', an umbrella homebuyers association, challenging the constitutional validity of West Bengal Housing Industry Regulation Act, 2017, which is more or less identical to the Centre's RERA. Pronouncing the verdict through video conferencing, Justice Chandrachud said that fundamental features of the WB HIRA overlap and is a word-to-word duplication of the centre's RERA. The bench, which passed a lengthy verdict on the issue, said that West Bengal’s HIRA touches upon entry six and seven of the concurrent list, which was occupied by the law passed by Parliament and set up a parallel regime in the State. The panel said that WB HIRA is directly in conflict with RERA, without any valuable safeguards for the home buyers, and that it is invoking powers under Article 142 to hold that registrations of properties done under the state law before its verdict will be valid. During the hearing of the petition, the top court wondered whether a state, in the name of cooperative federalism, enact legislation under the concurrent list to occupy the same subjects in which Parliament has enacted a law. The court observed that both centre's RERA and WB HIRA dealt with issues of providing reliefs to home buyers and promoting real estate sectors, but some of the provisions of the state's legislation were in direct conflict with the law passed by the Parliament. It had wondered why a state would have a similar law enacted when there is already a law passed by Parliament and said many provisions in WB HIRA are similar to the central government's RERA. Image Source Also read: Impacts of interpretations on RERA: A legal analysis

Next Story
Infrastructure Urban

Canal Water Boost for Mudki

In a significant push for public health and urban development, MLA Rajneesh Dahiya has announced a Rs.280 million canal water supply project for Mudki town in the Ferozepur Rural constituency. The initiative aims to provide clean drinking water to every household within Mudki’s municipal limits. Speaking about the development, Dahiya said the project falls under the Centre’s AMRUT (Atal Mission for Rejuvenation and Urban Transformation) scheme and is being carried out with the support of Punjab Chief Minister Bhagwant Singh Mann and Local Government Minister Dr. Inderbir Nijjar. “This ..

Next Story
Infrastructure Transport

6 Tunnel Boring Machines Idle in Chennai

Six tunnel boring machines (TBMs) deployed by the Chennai Metro Rail Limited (CMRL) are currently lying idle beneath city roads, stuck in limbo due to delayed construction of underground stations at Moolakadai, Perambur, and Mandaveli. The TBMs, launched as part of Corridor 3 of the Phase II Metro project from Madhavaram to SIPCOT, have reached their designated stations but are unable to proceed as the station boxes are incomplete. Without a completed diaphragm wall or station box, the machines cannot break through or be dismantled for reuse. According to CMRL officials, the root of the dela..

Next Story
Infrastructure Transport

Mumbai Metro 3 Nears Launch

The Mumbai Metro Rail Corporation shared a sneak peek of the newly completed Acharya Atre Chowk station on Metro Line 3 (Aqua Line) this Sunday, drawing both praise and impatience from the public. Located on the 9.77 km stretch between Bandra Kurla Complex (BKC) and Worli, the underground station is part of a long-anticipated corridor that promises to ease traffic and boost east-west connectivity. The social media update, posted by the handle @MumbaiMetro3, featured images of the station’s sleek new interiors. But the post quickly sparked a flurry of comments, with several users demanding c..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?