Unconstitutional : SC strikes down WB Housing Regulation Act
By IANS |
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Supreme Court. (File Photo: IANS). Image Source: IANS News
New Delhi, May 4 : The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act (WB-HIRA), 2017, holding it unconstitutional and repugnant to the Real Estate (Regulation and Development) Act, 2016 passed by the Parliament.
A bench comprising Justices D.Y. Chandrachud and M.R Shah said: Repugnancy in the constitutional sense is implicated not because there is a conflict between the provisions enacted by the state legislature with those of the law enacted by Parliament but because once Parliament has enacted a law, it is not open to the state legislature to legislate on the same subject matter and, as in this case, by enacting provisions which are bodily lifted from and verbatim the same as the statutory provisions enacted by Parliament.
Unconstitutional, says SC while striking down WB Housing Regulation Act
Moneylife Digital Team / IANS
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The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act, (HIRA), 2017. The top court held HIRA as unconstitutional and repugnant to RERA.
A bench headed by Justice D.Y. Chandrachud said it wasn t open for the West Bengal government to frame a parallel law when the field was already occupied by a parliamentary legislation, Real Estate (Regulation and Development) Act, 2016 (RERA).
Directing to strike down the West Bengal law, the top court observed, this will prevent chaos. The top court also added that it won t invalidate registration, allotment & past transactions made under HIRA.
SC strikes down WB Housing Regulation Act
By IANS| Posted by Neha | Updated: 4th May 2021 9:40 pm IST Supreme Court of India
New Delhi: The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act (WB-HIRA), 2017, holding it “unconstitutional” and “repugnant” to the Real Estate (Regulation and Development) Act, 2016 passed by the Parliament.
A bench comprising Justices D.Y. Chandrachud and M.R Shah said: “Repugnancy in the constitutional sense is implicated not because there is a conflict between the provisions enacted by the state legislature with those of the law enacted by Parliament but because once Parliament has enacted a law, it is not open to the state legislature to legislate on the same subject matter and, as in this case, by enacting provisions which are bodily lifted from and verbatim the same as the statutory provisions enacted by Parliament.”
The RERA rule that gives hope to homebuyers stuck with real estate projects
This model of homebuyers taking over stuck projects is becoming popular and once some of the projects do get completed, it could become a test case for other projects to emulate
Representative image
Hundreds of buyers had invested in a project located along the Yamuna Expressway way back in 2011, paying a total amount of Rs 100 crore of which 10 percent was paid by the builder to the authority. Work on the project stalled in 2015. Two years ago, a group of buyers decided to approach Uttar Pradesh Real Estate Regulatory Authority (UPRERA).
Delay in possession a double blow for homebuyers
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According to property consultants, 60 projects in Bengaluru are either stuck or delayed
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RERA-K has given an extension twice to builders in view of the COVID-19 pandemic.
| Photo Credit: BHAGYA PRAKASH K
According to property consultants, 60 projects in Bengaluru are either stuck or delayed
Krishnan had invested in a house in an apartment complex in east Bengaluru in 2013. However, over seven years later, he is yet to see his new home. What he s been left with instead is the burden of an EMI and additional spending on rent in his existing temporary accommodation.