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Supreme Court strikes down W.B. law on regulating real estate, holds it unconstitutional

Updated - May 04, 2021 09:03 pm IST

Published - May 04, 2021 12:17 pm IST - New Delhi

”The State law has encroached upon domain of Parliament,” the Supreme Court verdict said

The Supreme Court on May 4 struck down West Bengal’s law on regulating the real estate sector in the State, and said it was “unconstitutional” as the statute encroached upon the Centre’s Real Estate (Regulation and Development) Act,.

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 State law has encroached upon domain of Parliament,” the verdict said.

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It, however, said that homebuyers’, who 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.

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