In May, the Supreme Court had said that WBHIRA creates a parallel regime and is in direct conflict with the Centre’s Real Estate (Regulation and Development) Act (RERA). The state law has encroached upon the domain of the Parliament and hence is unconstitutional, the verdict said. (Representative image)
Homebuyers’ body Forum for People’s Collective Efforts has brought the government’s attention to the almost two-month delay in implementation of RERA in West Bengal after the Supreme Court on May 4 struck down West Bengal's Housing Industry Regulation Act (WBHIRA) 2017, the law regulating the state’s real estate sector, saying it was ‘unconstitutional.’
This, homebuyers said, is causing immense hardship and delaying justice for those considering filing fresh cases.
In a letter to Durga Shankar Mishra, secretary, ministry of housing and urban affairs, Abhay Upadhyay, president, FPCE, said that after the SC order, “it was imperative upon the state of West Bengal to take immediate necessary steps to implement the decision of the Supreme Court and constitute the Regulatory Authority, Appellate Tribunal and Adjudicating Officer and also to make subordinate rules and host a platform for detailed project/agent information under the Act, in letter and spirit as envisaged under RERA.”
The letter urges Mishra to take up the issue with the state government so that the “process of implementation of RERA in the state of West Bengal is expeditiously implemented.”
It said that despite more than two months, RERA has not been implemented in the state and is causing immense hardship to homebuyers.
The online hearings of WBHIRA that were scheduled to be held on May 6 and May 7 and subsequent dates have also be adjourned until further order.
“…Such indefinite adjournment is causing immense hardship to homebuyers as justice is being delayed and those considering filing fresh cases have nowhere to go. The limbo has created a vacuum of any kind of grievance redressal mechanism for homebuyers in West Bengal,” the letter said.
In May, the Supreme Court had said that WBHIRA creates a parallel regime and is in direct conflict with the Centre’s Real Estate (Regulation and Development) Act (RERA). The state law has encroached upon the domain of the Parliament and hence is unconstitutional, the verdict said.
Also Read: SC says WB Housing Industry Regulation Act of 2017 ‘unconstitutional’, in conflict with Centre's RERA
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, the bench said.
West Bengal is the only state in the country that has not accepted RERA. The Central Real Estate (Regulation and Development) Act (RERA) came into effect on May 1, 2017, exactly a year after it was passed by the Parliament. It has implemented its own act titled West Bengal Housing & Industrial Regulation Act 2017 (WBHIRA).
As of date, a total of 67,313 projects have been registered in the country, of which 46% of them are in Maharashtra. Gujarat comes second with 8,685 registrations and Karnataka third with 4,151 registered projects.