The Bengal Version of RERA on the Verge of Becoming Void

The Government of West Bengal has been asked in written by the Centre to invalidate the version of the Real Estate Regulatory Authority introduced by the former. Otherwise, it will create confusion for both the developers and home buyers.

Fight for RERA is an association of pan-Indian home buyers, which has been canvassing the abrogation of this new Act of the State that simply replicates the original RERA by the Centre.

According to the sources, a letter by the Secretary of Union Housing has been sent to the Chief Secretary of West Bengal for the abrogation of the new Act. The Centre has found that the West Bengal Housing and Industrial Regulation Act is devoid of the Presidential assent till this day though it has been implemented and notified after the introduction of the RERA.

Apart from the 6 States of the North Eastern region of India, West Bengal is the only State in the country not to have notified the rules of RERA.

A report reveals the Law Ministry’s demand from the State to get the President’s approval for the new version of RERA introduced by it, as has been told to the Ministry of Housing.

As stated by an Official of the Government, the adoption of RERA by the West Bengal Government is necessary to avoid any confusion since both RERA and the version of introduced by Bengal pertain to the same subject. According to the Provisions of the Constitution, the provision of a law by the State in conflict with that by the Centre under the Concurrent List, will not prevail.

According to the President of the consumers’ body Fight for RERA, they have pleaded to the Union Government for the non-approval of the State RERA version by the President and every State should conform with the Central RERA. They are pinning hopes on the Centre to persuade West Bengal Government for notifying the Central RERA by acting onboard through a sub-panel as was decided. This will benefit both the builders and the buyers of the home. A logical conclusion is expected from the Union Government.

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