''Unconstitutional,'' says SC while striking down WB Housing Regulation Act
The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act, (HIRA), 2017. The top court held HIRA as unconstitutional and repugnant to RERA.
 
A bench headed by Justice D.Y. Chandrachud said it wasn't open for the West Bengal government to frame a parallel law when the field was already occupied by a parliamentary legislation, Real Estate (Regulation and Development) Act, 2016 (RERA).
 
Directing to strike down the West Bengal law, the top court observed, "this will prevent chaos." The top court also added that it won't invalidate registration, allotment & past transactions made under HIRA.
 
The judgment was delivered by a bench comprising Justices D.Y. Chandrachud and M.R. Shah on a plea by NGO Forum for People's Collective Efforts, which contended that the West Bengal HIRA should be struck down since it conflicts with RERA. Advocate Devashish Bharuka, representing the petitioner, had contended that West Bengal had enacted WBHIRA creating a regime parallel to the Parliament -enacted RERA, which has been held to be constitutionally impermissible.
 
"WBHIRA was substantially identical to RERA and that too without the Presidential assent. Our submission is that in the Indian federal structure, once the Parliament makes a law, a State cannot be permitted to frame identical laws. It has been accepted by the apex court", added Bharuka.
 
After the top court verdict, he added that not only the WBHIRA has been declared unconstitutional but also the earlier West Bengal 1993 law has been declared to be impliedly repealed by RERA.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.
  • Like this story? Get our top stories by email.

    User 

    COMMENTS

    tillan2k

    6 days ago

    it is State satraps who want thing their way so make house pass law to suit them to loot and scoot

    We are listening!

    Solve the equation and enter in the Captcha field.
      Loading...
    Close

    To continue


    Please
    Sign Up or Sign In
    with

    Email
    Close

    To continue


    Please
    Sign Up or Sign In
    with

    Email

    BUY NOW

    online financial advisory
    Pathbreakers
    Pathbreakers 1 & Pathbreakers 2 contain deep insights, unknown facts and captivating events in the life of 51 top achievers, in their own words.
    online financia advisory
    The Scam
    28 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
    Moneylife Online Magazine
    Fiercely independent and pro-consumer information on personal finance
    financial magazines online
    Stockletters in 4 Flavours
    Outstanding research that beats mutual funds year after year
    financial magazines in india
    MAS: Complete Online Financial Advisory
    (Includes Moneylife Online Magazine)