SC holds West Bengal's real estate regulating law unconstitutional; strikes it down
The apex court of the country has said that the law was “unconstitutional” as the statute encroached upon the Centre’s Real Estate (Regulation and Development) Act.
The Supreme Court has struck down the state’s law on regulating the real estate sector in West Bengal. The apex court of the country has said that the law was “unconstitutional” as the statute encroached upon the Centre’s Real Estate (Regulation and Development) Act.
”The state law has encroached upon the domain of Parliament,” the verdict said.
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.
The verdict said that homebuyers who have purchased properties under the state law before today’s verdict, will not have to worry as their registration and other acts would remain valid.
The judgment came on a plea of ‘Forum For People’s Collective Efforts’, a homebuyers association, challenging the constitutional validity of the West Bengal Housing Industry Regulation Act, 2017, which is more or less identical to the Centre’s RERA.