In its letter to the ministry of housing & city affairs (MoHUA), FPCE highlighted that even after two months of the court docket’s judgement, the state authorities is but to implement RERA that’s inflicting hardship to homebuyers.
In May, the apex court docket had dominated that West Bengal’s separate actual property regulation is repugnant to the central authorities’s Real Estate (Regulation & Development) Act, 2016 and is unconstitutional.
“Consequently, 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 and agent information under the Act, in letter and spirit as envisaged under RERA,” FPCE stated in its letter to Durga Shanker Mishra, secretary, MoHUA, on Monday.
The FPCE had earlier raised considerations that permitting state-level laws would make the central act RERA redundant. The ministry, by means of its affidavit in the Supreme Court, had additionally supported FPCE’s plea to repeal the WBHIRA.
The homebuyers’ body has additionally highlighted that the official WBHIRA web site has put up a discover on May 4 saying that the web hearings scheduled to be held on May 6, 7 and subsequent dates are adjourned, till additional order.
“Such indefinite adjournment is causing immense hardship to home buyers as justice is being delayed and those considering filing fresh cases have nowhere to go. This limbo has created a vacuum of any kind of grievance redressal mechanism for homebuyers in West Bengal,” stated Abhay Upadhyay, president, FPCE.
Upadhyay can be a member of the union authorities’s personal central advisory council on RERA.
In a bid to keep away from confusion, in its ruling delivered in May, the apex court docket had additionally clarified that these initiatives, which have been registered below WBHIRA up to now, will stay legitimate.
“In order to avoid uncertainty and disruption in respect of actions taken in the past, recourse to the jurisdiction of this court under Article 142 is necessary. Hence, in exercise of the jurisdiction under Article 142, we direct that the striking down of WBHIRA will not affect the registrations, sanctions and permissions previously granted under the legislation prior to the date of this judgment,” the court docket had stated in its judgment on May 4.
West Bengal’s separate state housing laws had acquired the Governor’s assent in October 2017, however the central authorities’s RERA regulation had acquired the President’s consent in March 2016.
The central authorities’s RERA was totally notified and carried out throughout the nation — besides in Jammu & Kashmir — on May 1, 2017. The homebuyers’ body had earlier raised considerations that permitting state-level laws would result in RERA changing into redundant. Now, even Jammu & Kashmir is implementing the RERA.