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West Bengal Housing Industry Regulation Act, 2017 challenged for conflict with RERA 2016: Apex court issue notice

West Bengal Housing Industry Regulation Act, 2017challenged for conflict with RERA 2016: Apex court issue notice

Tuesday, 12 February 2019

/ by OurLegalWorld
West Bengal Housing Industry Regulation Act, 2017 challenged for conflict with RERA 2016: Apex court issue notice 






The Supreme Court issue notice in the petition challenging the validity of the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA). Petition filed by the Forum for People’s Collective Efforts, which contends that the WBHIRA should be struck down given that it conflicts with a Central Legislation already occupying the field, i.e. the Real Estate (Regulation and Development) Act, 2016 (RERA).





The petition filed through Advocate Devashish Bharuka states,
“Since a central legislation [RERA] already occupied the field sought to be covered by the impugned State Act [WBHIRA], the constitutional scheme requires that the State Act should give way to the Central legislation and it is the Central statute alone, which should prevail in the State of West Bengal.”
RERA was enacted by the Central Government in 2016. The petition recounts that in August the same year, West Bengal notified the draft Real Estate (Regulation and Development) Rules, 2016 under the RERA. To finalise these rules, a stakeholder meeting was also arranged in 2017, for which the petitioner was also invited. However, no further action was taken thereafter.

Source: Barandbench





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