WB law on real estate repugnant to Centre s RERA for having overlapping provisions: SC
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Last Updated: May 04, 2021, 10:02 PM IST
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Synopsis
The constitutional principle of repugnancy , which primarily deals with the issue as to whether a parliamentary law or a state law would prevail if both are competent to legislate on subjects as they fall under the concurrent list of Constitution, was used by the apex court for testing the validity of the 2017 law made by the Mamta Banerjee-led government to substitute RERA in West Bengal.
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The top court analysed and compared the West Bengal law with the Centre s law and struck the state statute holding that the identity of subject matter is clearly established .
Supreme Court strikes down W B law on regulating real estate, holds it unconstitutional
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SC strikes down WB law on regulating real estate, holds it unconstitutional
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Justice M. R. Shah on Thursday announced that his entire staff has tested positive for COVID.
The bench of Justices D. Y. Chandrachud and Shah was hearing the challenge to the constitutionality of West Bengal Housing Industry Regulation Act, 2017 (HIRA) against the backdrop of the Central legislation occupying the field- RERA.
As ASG Aishwarya Bhati was continuing her submissions, Justice Shah sought to adjourn the hearing for 10-15 minutes, saying that he has been intimated that his entire staff has tested COVID positive- Can we take a break for 10-15 minutes? My entire virtual staff has tested positive.