Unconstitutional : SC strikes down WB Housing Regulation Act
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Supreme Court. (File Photo: IANS). Image Source: IANS News
New Delhi, May 4 : The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act (WB-HIRA), 2017, holding it unconstitutional and repugnant to the Real Estate (Regulation and Development) Act, 2016 passed by the Parliament.
A bench comprising Justices D.Y. Chandrachud and M.R Shah said: Repugnancy in the constitutional sense is implicated not because there is a conflict between the provisions enacted by the state legislature with those of the law enacted by Parliament but because once Parliament has enacted a law, it is not open to the state legislature to legislate on the same subject matter and, as in this case, by enacting provisions which are bodily lifted from and verbatim the same as the statutory provisions enacted by Parliament.
Unconstitutional, says SC while striking down WB Housing Regulation Act
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The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act, (HIRA), 2017. The top court held HIRA as unconstitutional and repugnant to RERA.
A bench headed by Justice D.Y. Chandrachud said it wasn t open for the West Bengal government to frame a parallel law when the field was already occupied by a parliamentary legislation, Real Estate (Regulation and Development) Act, 2016 (RERA).
Directing to strike down the West Bengal law, the top court observed, this will prevent chaos. The top court also added that it won t invalidate registration, allotment & past transactions made under HIRA.
SC strikes down WB Housing Regulation Act
By IANS| Posted by Neha | Updated: 4th May 2021 9:40 pm IST Supreme Court of India
New Delhi: The Supreme Court on Tuesday quashed the West Bengal Housing Industry Regulation Act (WB-HIRA), 2017, holding it “unconstitutional” and “repugnant” to the Real Estate (Regulation and Development) Act, 2016 passed by the Parliament.
A bench comprising Justices D.Y. Chandrachud and M.R Shah said: “Repugnancy in the constitutional sense is implicated not because there is a conflict between the provisions enacted by the state legislature with those of the law enacted by Parliament but because once Parliament has enacted a law, it is not open to the state legislature to legislate on the same subject matter and, as in this case, by enacting provisions which are bodily lifted from and verbatim the same as the statutory provisions enacted by Parliament.”
Housing ministry supports homebuyers stand to repeal West Bengal HIRA
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Synopsis
The Ministry of Housing and Urban Affairs has supported the petition of a pan-India homebuyers’ body to repeal the West Bengal Housing Regulation Act, 2017 (HIRA).
The Ministry of Housing and Urban Affairs has supported the petition of a pan-India homebuyers’ body to repeal the West Bengal Housing Regulation Act, 2017 (HIRA). The housing ministry’s affidavit came after the Supreme Court issued a notice to the West Bengal government and the Centre while admitting the plea by Forum for People’s Collective Efforts (FPCE) against the state government.