SC disposes of application filed by homebuyers’ body over non-implementation of RERA in West Bengal

The Supreme Court has disposed of the application filed by the Forum for People’s Collective Efforts (FPCE) application that had stated that the members of RERA Authority and the Appellate Tribunal have not yet been appointed in West Bengal, saying that the chief justice of the Calcutta High Court has nominated a senior judge to facilitate the constitution of adjudicatory bodies under the Central RERA act.

The application was disposed of last week with further liberty to pursue such rights and remedies as available under the law.

The counsel for the state government has informed the Supreme Court about nomination while appealing before the Supreme Court not to entertain the application filed by the Forum for People’s Collective Efforts in January.

FPCE, an umbrella association for homebuyers, had filed a plea in the Supreme Court, stating that the members of RERA Authority and the Appellate Tribunal have not yet been appointed in West Bengal and the portal is not yet functional even after eight months of the apex court striking down West Bengal Housing Industry Regulation Act (WBHIRA) 2017 as ‘unconstitutional’.

FPCE moved an application before the Supreme Court through their advocate, Devashish Bharuka, seeking a direction to the state for implementation of RERA. During the hearing, Bharuka informed the court that West Bengal has only established the RERA Authority and RERA Appellate Tribunal but has not appointed its members and the RERA is yet to be implemented in letter and spirit.

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The Court took notice of the submission by the counsel for the state of West Bengal that the Chief Justice of Calcutta High Court has nominated a senior judge to facilitate the constitution of adjudicatory bodies under the central enactment and therefore, the grievance need not be entertained at this stage.

“With the present order, it is expected that the State would, under its constitutional duty, take all steps to ensure that the central enactment is fully implemented. The Supreme Court has been gracious to grant liberty to FPCE to pursue other remedies, which would help FPCE to continue to work for the benefit of the home buyers,” said Bharuka.

“We are now hopeful that with the intervention of the Chief Justice of Calcutta High Court, the appointments will be made soon to constitute the Regulatory Authority and the Appellatte Tribunal under RERA which will pave way for redressal of homebuyer’s complaints. This certainly has come as a big relief for all the suffering homebuyers of West Bengal. It is another step in the right direction. FPCE will continue to pursue RERA implementation in West Bengal and if need be, will avail the liberty granted by the Supreme Court to pursue other remedies,” said Abhay Upadhyay, president, FPCE.

The Supreme Court on May 4 last year struck down West Bengal's Housing Industry Regulation Act (WBHIRA) 2017, the law regulating the state’s real estate sector, saying it was ‘unconstitutional’ as it 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.

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 had said.