Supreme Court strikes down WBHIRA as unconstitutional, says it’s in conflict with RERA – Supreme Court repeals West Bengal Housing Industry Regulation Act, (HIRA) 2017

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The judgment said, “The law of the state has infringed upon the jurisdiction of Parliament.”

New Delhi:

The Supreme Court has repealed the West Bengal Housing Industry Regulation Act (HIRA) 2017. The Supreme Court said that HIRA is unconstitutional. It is against RERA. When Parliament has a raera law, the West Bengal government cannot prepare a parallel law. The Supreme Court has given its verdict on a petition challenging the constitutional validity of the West Bengal Housing Industry Regulation Act. The petitioner had argued that the West Bengal government refused to enforce RERA and enacted its own law which caused irreparable damage to the home buyers. Therefore, this West Bengal Housing Industry Regulation Act 2017 should be declared as unconstitutional.

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The apex court also said that the West Bengal Residential Industry Regulation Act, 2017 has failed to include important safeguards for home buyers.

A bench of Justice DY Chandrachud and Justice MR Shah said that the West Bengal Residential Industry Regulation Act, 2017 is very similar to the RERA of the Center and hence it creates a situation of conflict with the law of Parliament. The judgment said, “The law of the state has infringed upon the jurisdiction of Parliament.” (From input language …)

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