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Home India SC strikes down WB law on regulating real estate, holds it unconstitutional

SC strikes down WB law on regulating real estate, holds it unconstitutional

The Supreme Courtroom on Tuesday struck down West Bengal’s legislation on regulating the true property sector within the state, and mentioned it was “unconstitutional” because the statute encroached upon the Centre’s Actual Property (Regulation and Growth) Act,.

A bench of justices D Y Chandrachud and M R Shah mentioned the West Bengal Housing Trade Regulation Act (HIRA), 2017 is kind of equivalent to the Centre’s RERA and therefore repugnant to Parliament’s legislation.

“The state legislation has encroached upon area of Parliament,” the decision mentioned.

It, nonetheless, mentioned that homebuyers’, who bought properties below the state legislation earlier than right this moment’s verdict, is not going to have to fret as their registration and different acts would stay legitimate.

The judgement got here on a plea of ‘Discussion board For Folks’s Collective Efforts’ , an homebuyers affiliation, difficult the constitutional validity of the West Bengal Housing Trade Regulation Act, 2017, which is kind of equivalent to the Centre’s RERA.

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