Supreme Court strikes down W.B. law on regulating real property, holds it unconstitutional
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”The State law has encroached upon area of Parliament,” the Supreme Court verdict stated
The Supreme Court on May 4 struck down West Bengal’s law on regulating the real property sector within the State, and stated it was “unconstitutional” because the statute encroached upon the Centre’s Real Estate (Regulation and Development) Act,.
A Bench of Justices D.Y. Chandrachud and M.R. Shah stated the West Bengal Housing Industry Regulation Act (HIRA), 2017 is kind of similar to the Centre’s RERA and therefore repugnant to Parliament’s law.
”The State law has encroached upon area of Parliament,” the decision stated.
It, nonetheless, stated that homebuyers’, who bought properties beneath the State law earlier than right now’s verdict, is not going to have to fret as their registration and different acts would stay legitimate.
The judgment got here on a plea of ‘Forum For People’s Collective Efforts’, a homebuyers affiliation, difficult the constitutional validity of the West Bengal Housing Industry Regulation Act, 2017, which is kind of similar to the Centre’s RERA.
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