RERA will be applicable in West Bengal, Supreme Court said to the state government.
Welcome back to our informative blog site knowing steps 360 with new IMP news. The Supreme Court has rejected the local law in place of RERA in West Bengal for builder-house buyer cases. The Supreme Court has said that Parliament-made law is given priority in cases of concurrent list. There was no need to bring a parallel law in West Bengal. The court has also held that the state law has been made by copying WBHIRA, the central law RERA.
In 2016, Parliament passed the Real Estate Regulation and Development Act (RERA). All states had to implement it. But the West Bengal government made the West Bengal Housing Industry Regulation Act (WBHIRA) 2017 instead. Such a law should have been sent under Article 254 (2) of the Constitution with the approval of the President.
The state government also did not do this and implemented its law in June 2018. Against this, the Forum for People's Collective Efforts of the West Bengal Home Buyers Organization reached the Supreme Court.
Petitioner's argument on this Case
The petitioner organization argued that only a few points of the law, made entirely by copying the law of Parliament, have been set aside. These points are against the interests of the house buyers. For example, permission has been given to sell open parking spaces in WBHIRA. Many things can be prosecuted in the court under RERA, arrangements have been made between the builder and the buyer. In response, the state government argued that the subject of purchase and sale of the property is on the concurrent list. Therefore, the state has the right to make laws on it.
Now RERA will be applicable in West Bengal
After a long hearing on the case, the bench of Justices DY Chandrachud and MR Shah reserved the verdict last month. In the detailed order given today, the judges have admitted that it was not right to make the law of the state in spite of the law made by the Parliament.
Therefore, WBHIRA is being rejected. This does not mean that the law made in 1993 on the same subject in the state will come back into effect. Now RERA will be applicable in West Bengal. The court has also said that under the WBHIRA Act, the decisions taken in the last 3 years in the state will remain so that there is no confusion among the people.
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