SC strikes down WB’s HIRA law on real estate regulations
Real Estate

SC strikes down WB’s HIRA law on real estate regulations

The Supreme Court (SC) struck out West Bengal's law on regulating the real estate sector, stating it as unconstitutional as the State's statute encroached upon the Centre's Real Estate (Regulation and Development) Act (RERA).

The apex court noted that the West Bengal Housing Industry Regulatory Authority (WB HIRA) has failed to include valuable safeguards for the homebuyers. A bench of justices—DY Chandrachud and MR Shah—said the West Bengal Housing Industry Regulation Act (HIRA), 2017 is somewhat identical to the centre's RERA repugnant to Parliament's law.

The judgement came on a plea of 'Forum For People's Collective Efforts', an umbrella homebuyers association, challenging the constitutional validity of West Bengal Housing Industry Regulation Act, 2017, which is more or less identical to the Centre's RERA.

Pronouncing the verdict through video conferencing, Justice Chandrachud said that fundamental features of the WB HIRA overlap and is a word-to-word duplication of the centre's RERA.

The bench, which passed a lengthy verdict on the issue, said that West Bengal’s HIRA touches upon entry six and seven of the concurrent list, which was occupied by the law passed by Parliament and set up a parallel regime in the State.

The panel said that WB HIRA is directly in conflict with RERA, without any valuable safeguards for the home buyers, and that it is invoking powers under Article 142 to hold that registrations of properties done under the state law before its verdict will be valid.

During the hearing of the petition, the top court wondered whether a state, in the name of cooperative federalism, enact legislation under the concurrent list to occupy the same subjects in which Parliament has enacted a law.

The court observed that both centre's RERA and WB HIRA dealt with issues of providing reliefs to home buyers and promoting real estate sectors, but some of the provisions of the state's legislation were in direct conflict with the law passed by the Parliament.

It had wondered why a state would have a similar law enacted when there is already a law passed by Parliament and said many provisions in WB HIRA are similar to the central government's RERA.

Image Source


Also read: Impacts of interpretations on RERA: A legal analysis

The Supreme Court (SC) struck out West Bengal's law on regulating the real estate sector, stating it as unconstitutional as the State's statute encroached upon the Centre's Real Estate (Regulation and Development) Act (RERA). The apex court noted that the West Bengal Housing Industry Regulatory Authority (WB HIRA) has failed to include valuable safeguards for the homebuyers. A bench of justices—DY Chandrachud and MR Shah—said the West Bengal Housing Industry Regulation Act (HIRA), 2017 is somewhat identical to the centre's RERA repugnant to Parliament's law. The judgement came on a plea of 'Forum For People's Collective Efforts', an umbrella homebuyers association, challenging the constitutional validity of West Bengal Housing Industry Regulation Act, 2017, which is more or less identical to the Centre's RERA. Pronouncing the verdict through video conferencing, Justice Chandrachud said that fundamental features of the WB HIRA overlap and is a word-to-word duplication of the centre's RERA. The bench, which passed a lengthy verdict on the issue, said that West Bengal’s HIRA touches upon entry six and seven of the concurrent list, which was occupied by the law passed by Parliament and set up a parallel regime in the State. The panel said that WB HIRA is directly in conflict with RERA, without any valuable safeguards for the home buyers, and that it is invoking powers under Article 142 to hold that registrations of properties done under the state law before its verdict will be valid. During the hearing of the petition, the top court wondered whether a state, in the name of cooperative federalism, enact legislation under the concurrent list to occupy the same subjects in which Parliament has enacted a law. The court observed that both centre's RERA and WB HIRA dealt with issues of providing reliefs to home buyers and promoting real estate sectors, but some of the provisions of the state's legislation were in direct conflict with the law passed by the Parliament. It had wondered why a state would have a similar law enacted when there is already a law passed by Parliament and said many provisions in WB HIRA are similar to the central government's RERA. Image Source Also read: Impacts of interpretations on RERA: A legal analysis

Next Story
Resources

Skyview by Empyrean is Making Benchmarks in the Indian Ropeway Industry

FIL Industries Private Limited, the parent company of Empyrean Skyview Projects that pioneered ropeway mobility solutions in India with Jammu’s Skyview Gondola, is currently developing the Dehradun-Mussoorie ropeway and is on track to complete Phase I by September 2026. The ropeway is set to be India’s longest passenger aerial monocable covering 5.8 km between the foothills of Dehradun in Purkulgam and MDDA taxi stand in the hills of Mussoorie in just under 20 minutes. The firm pioneered green mobility solutions in India with the development of the flagship Skyview Gondola in Jam..

Next Story
Technology

Creativity is for Humans, Productivity is for Robots!

On most construction sites, the rhythm of progress is measured by the clang of steel, the hum of machinery and the sweat of thousands. But increasingly, new sounds are entering the mix: the quiet efficiency of algorithms, the hum of drones overhead, and the precision of robotic arms at work. Behind the concrete and cables, an invisible force is taking hold: data. It is turning blueprints into living simulations, managing fleets of machines, and helping engineers make decisions before a single brick is laid. This is not the construction of tomorrow; it is the architecture of today – built on ..

Next Story
Infrastructure Urban

Bhartiya Urban Unveils ‘Bhartiya Converge’ GCC Enablement Platform

Bhartiya Urban has launched Bhartiya Converge, its latest business venture designed to become India’s premier platform for enabling Global Capability Centres (GCCs). The initiative offers an integrated ecosystem aimed at helping global clients gain a competitive edge in today’s rapidly evolving business environment. Focused on enhancing turnaround time and operational efficiencies, the company seeks to deliver better business outcomes powered by top-tier talent. Bhartiya Converge presents a customised and integrated suite of microservices that addresses the nuanced and evolving operational..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?