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West Bengal takes first step towards RERA implementation, notifies rules, Real Estate News, ET RealEstate

West Bengal takes first step towards RERA implementation, notifies rules, Real Estate News, ET RealEstate
The government of West Bengal has notified the rules governing real estate regulatory authority in the state under section 84 of the Real Estate (Regulation & Development) Act, 2016 in a first step towards implementation of the RERA in the state.

In May, the Supreme Court had ruled that West Bengal’s separate real estate regulation is repugnant to the central government’s Real Estate (Regulation & Development) Act, 2016 and is unconstitutional.

The central government had also reached out to the state government for implementation of the central Act in the state.

Homebuyers’ body the Forum for People’s Collective Efforts (FPCE) has been pushing its demand to ensure implementation of the Act in the state after the Supreme Court held the state’s own West Bengal Industry Regulation Act (WBHIRA), 2017 unconstitutional.

“Now a beginning has been made towards the implementation of RERA in the state. This will remove the last hurdle towards the key objective of one law governing the real estate sector across the country. Homebuyers will have a sigh of relief with hope that authorities will be constituted and a web page will be created as envisaged under the RERA very soon,” said Abhay Upadhyay, president, FPCE.

Upadhyay is also a member of the union government’s own central advisory council on RERA.

The FPCE had earlier raised concerns that allowing state-level legislation would make the central act RERA redundant. The ministry, through its affidavit in the Supreme Court, had also supported FPCE’s plea to repeal the WBHIRA.

West Bengal’s separate state housing legislation had received the Governor’s assent in October 2017, but the central government’s RERA regulation had received the President’s consent in March 2016.

The central government’s RERA was fully notified and implemented across the country — except in Jammu & Kashmir — on May 1, 2017. The homebuyers’ body had earlier raised concerns that allowing state-level legislation would lead to RERA becoming redundant. Now, even Jammu & Kashmir is implementing the RERA.


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Written by Realty Beat

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