The Supreme Court dismissed West Bengal’s housing law
Despite the Supreme Court ruling and the enactment of the Central Housing Industry Control Act, the West Bengal government has encroached on the jurisdiction of Parliament by bringing in rules to control the housing industry in the state.
On top of that, the law is again exactly like the center. As a result, there has been a conflict between the two laws. After making a law on any issue in the Parliament, no similar law can be passed in the Legislative Assembly on the same subject.
Despite dismissing the state law, a bench of Justice Dhananjay Y Chandrachur said that all the housing projects that have already been registered or cleared under it will not face any problem. Registration will not be canceled.
According to Jitendra Khaitan, MD, Pioneer Property Management, this will have a positive impact. This is because the projects registered under the state law did not benefit from the central project created to address the housing sector.
According to Arya Sumanta of Eden Realty, the promoters or buyers will not be inconvenienced as the old registration is still valid. Sushil Mohta, president of the West Bengal branch of CREDAI, thinks the two laws have the same purpose. There was no special difference. As a result, they will obey the law.
What Happened in 2016 ?
In 2016, the Modi government enacted the Central Housing Industry Control Act. In the flat-home business world which is RERA (Real Estate Regulation and Development Act).
Only West Bengal did not accept it. Although the Center has pressured the state to set up a housing regulatory body under the Act, it has passed a “diamond” in the state assembly a year after the central law was passed.
The goal of both is to protect the interests of the buyers of the flats, transparency in buying and selling. The advantage of knowing the price of the flat through the ‘carpet area’.
Although the lion’s share of state law is in line with central law, the buyers’ organization, the Forum for People’s Collective Efforts, alleges that in some cases the state has favored housing builders.
They go to the Supreme Court challenging its constitutional validity. Abhay Upadhyay, president of the forum, said, “Our hope is that the debate will end here.”
The Supreme Court has said that the Center and the states have enacted laws on the same subject which are jointly listed in the Constitution.
In this case, the law made by the parliament prevails. On top of that, state law is copying the word central. According to Justice Chandrachur, the state wanted to create a parallel system.
Originally published at https://www.niftylo.com.
