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Supreme Court states West Bengal law on regulating Real Estate Rules as unconstitutional

Khushi

The Supreme Court ruled on Tuesday that West Bengal’s law regulating the state’s real estate sector was unconstitutional and said it infringed on the Centre’s Real Estate (Regulation and Development) Act.

According to a Bench of Justices D Y Chandrachud and M R Shah, the West Bengal Housing Industry Regulation Act (HIRA), 2017 is nearly identical to the Centre’s RERA and thus violates Parliament’s law.

“The state law has encroached upon the domain of Parliament”, the verdict said.

It did, however, state that homebuyers who purchased properties under state law prior to today’s verdict would not be affected because their registration and other acts would remain valid.

The judgement was made in response to a petition filed by the Forum For People’s Collective Efforts, a homebuyers’ association, challenging the constitutional validity of the West Bengal Housing Industry Regulation Act, 2017, which is nearly identical to the Centre’s RERA.

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