+
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

Related Stories

Gold Stories

Next Story
Infrastructure Urban

NABARD Holds Seminar on Vigilance, Integrity and Good Governance

National Bank for Agriculture and Rural Development (NABARD) organised a seminar on “Vigilance: Strengthening Integrity and Good Governance” on 25 August 2026 at its Head Office in Mumbai as part of the ongoing Vigilance Awareness Campaign 2026 being observed from 17 August to 16 November 2026, with the theme “Probity for Prosperity."" The seminar was graced by Suresh N Patel, Former Central Vigilance Commissioner, Government of India, as the chief guest and keynote speaker.  The programme was attended by G S Rawat, Deputy Managing Director, Dr Ajay K Sood, Deputy Managing Dire..

Next Story
Equipment

XCMG Unveils World's First 14,000-Ton Ring Crane for Heavy Lifting

XCMG has announced that the first main unit of the world's first 14,000-ton ring crane has rolled off the production line, marking a historic breakthrough in ultra-heavy lifting technology. Jointly developed by XCMG and Sinopec Heavy Lifting & Transportation Co., Ltd., the crane will be the largest-capacity ring crane ever built, setting a new benchmark for major construction projects worldwide.The crane features a modular configuration comprising two main units that work in tandem. The first main unit has completed final assembly and can independently perform lifting operations. Once both..

Next Story
Infrastructure Urban

Thriveni Logistics orders 200 tip trailers from Jagdamba trailers

Jagdamba Trailers (JTPL), one of India’s growing trailer manufacturers, has secured a significant order for 200 Tip Trailers from Thriveni Transport and Logistics Pvt. Ltd., a leading mining and logistics company serving operations across India and overseas.The order, placed for iron ore transportation, is a major milestone for JTPL, particularly as the company secured the business after competing with more than 10 established trailer manufacturers. It also strengthens an already successful relationship between the two companies. Approximately one and a half years ago, Thriveni Transport and..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

SPECIAL OFFER
QR Code