Supreme Court
Img : barandbench

The Supreme Court has admitted the petition filed Forum for People’s Collective Efforts a group of homebuyers who challenged the constitutional validity of HIRA i.e. West Bengal Housing & Industrial Regulation Act 2017. The court also asked the West Bengal Government to file their reply immediately.

This is the only state who didn’t implement the RERA [Real Estate Regulation Act] introduced by the Narendra Modi-led Central Government and passed by the Parliament in 2016. However, West Bengal introduced its own real estate law similar to the RERA that came into effect from May 1, 2017.

The Mamta Banerjee-led state regulated its HIRA law from June 1, 2018.

The Forum for People’s Collective Efforts in its petition said that the State should follow the laws enforced by Central Government and also emphasized that the West Bengal Government is yet to get President’s nod on its act.

The forum also showed a letter from the Union housing secretary to the state chief secretary that states revoking of the HIRA i.e. West Bengal Housing & Industrial Regulation Act 2017. The FPCE [Forum for People’s Collective Efforts] disposed RTI reply according to which the State Government didn’t clearly inform the Governor about the same.

The reply further said that the Governor had rights to reserve the impugned state law for the President’s consent in the presence of existing central law.

The forum also said that the developers are confused about registration under RERA and WBHIRA. According to the RERA Act, the Government doesn’t allow advertisement or sale of projects prior to registration under the Act.