SC Holds West Bengal Real Estate Law Unconstitutional, Strikes It Down
The state law is more or less identical to the Centre s RERA and hence repugnant to parliament s law, the bench said.
The judgment was delivered by a bench of Justice Chandrachud and Justice MR Shah. Photo: PTI
Law8 hours ago
New Delhi: The Supreme Court on Tuesday struck down West Bengal’s law on regulating the real estate sector in the state and said it was unconstitutional as the statute encroached upon the Centre’s Real Estate (Regulation and Development) Act.
A bench of Justices D.Y. Chandrachud and M.R. Shah said the West Bengal Housing Industry Regulation Act (HIRA), 2017 is more or less identical to the Centre’s RERA and hence repugnant to parliament’s law.
A big relief for homebuyers in the State, says Minister
The Real Estate (Regulation and Development) Act, 2016 will now be extended to homebuyers in West Bengal after the Supreme Court on Tuesday held the State’s version of the housing industry regulating law “unconstitutional”, Housing and Urban Affairs Minister Hardeep Puri said.
West Bengal had enacted the West Bengal Housing Industry Regulation Act, 2017, instead of ratifying RERA.
Reacting to the apex court’s decision, Mr. Puri, in a tweet, said it was a “big relief” for homebuyers in West Bengal.
“.Benefits of #RERA the consumer protection law passed by Parliament, will now also be available to homebuyers of the state,” he said in the tweet.