7.2 C
New York
Saturday 4 December 2021

Buy now


HomePoliticsIndiaBombay High Court upholds validity of RERA

Bombay High Court upholds validity of RERA


Mumbai: The today upheld the validity of the Real Estate (Regulation and Development) Act (RERA), saying its objective is to develop the real estate sector.

A bench of Justices Naresh Patil and Rajesh Ketkar pronounced its judgement on a bunch of petitions filed by real estate developers and individual plot owners, all challenging the constitutional validity of the Act that was brought into effect in May this year.

The bench, headed by Justice Patil, however, allowed a significant leeway for the developers in today’s judgement by permitting the state-level RERA Authority and the Appellate Tribunal to consider delays on a case-to-case basis, and not to cancel such projects or developers’ registration in cases where the delay was caused due to “exceptional and compelling circumstances.”

“In case the authority is satisfied that there are exceptional and compelling circumstances due to which a developer could not complete the project inspire the one year extension granted, then the authority will be entitled to let the developers’ registration continue,” the court said.

“Such powers shall be exercised on a case-to-case basis.

The authority shall consult with the state in such cases if needed,” the high court bench said.

The bench ruled that the Act was crucial to protect the interest of flat buyers across the country.

“RERA is not a law relating to only regulatory control the promoters (developers), but its objective is to develop the real estate sector, particularly the incomplete projects across the country,” the bench said.

“The problems are enormous. It’s time to take a step forward to fulfil dreams of the Father of the Nation, Mahatma Gandhi, to wipe every tear from every eye,” Justice Patil said.

The Act, among other things, mandates that all developers or promoters register themselves under a state level regulatory authority.

It also allows buyers to claim compensation for delay in possession, and envisages cancellation of a developer’s registration and imposition of severe penalties in case where the developer fails to complete the project within the stipulated deadline.

Most of the developers had challenged a provision of ‘force majeure or a natural disaster’– that allowed an extension of the by a maximum of one year, if the delay was caused on account of natural disasters such as earthquakes or floods.

The developers had also opposed the composition of the state-level RERA Authority and the Appellate Tribunal.

The HC did not interfere with the composition of the state-level authority, but it ruled that the tribunal must be headed by a judicial officer and not a bureaucrat, or a member of the Indian legal services, and that majority of the members of such tribunal must be officers or members of the judiciary.

The Centre and the state had vehemently defended the Act, and justified the strict provisions by arguing that the same were meant to protect buyers, and to rein in rogue developers.

While the bench concurred with the state and the Union government’s arguments, it said that the authorities must also closely monitor the implementation of the Act.

“We are conscious of the fact that the actual implementation of RERA needs to be closely monitored in the years to come,” the bench said.

In September, after several petitions challenging RERA were filed in high courts across the country, the Supreme Court stayed the proceedings in other courts and suggested that the hear its RERA cases first.

Other courts should wait for the Bombay High Court’s decision before hearing RERA-related matters, it said, while directing the high court here to expedite the hearings.


Sirf News needs to recruit journalists in large numbers to increase the volume of its reports and articles to at least 100 a day, which will make us mainstream, which is necessary to challenge the anti-India discourse by established media houses. Besides there are monthly liabilities like the subscription fees of news agencies, the cost of a dedicated server, office maintenance, marketing expenses, etc. Donation is our only source of income. Please serve the cause of the nation by donating generously.

Support pro-India journalism by donating

via UPI to surajit.dasgupta@icici or

via PayTM to 9650444033@paytm

via Phone Pe to 9650444033@ibl

via Google Pay to dasgupta.surajit@okicici

Skandagupta: The Savior of Bharat

In the 5th century, two of the ancient world's superpowers, Rome and India - were threatened by massive migrations of nomadic peoples. But while the Western Roman Empire collapsed, the Gupta Empire managed to defeat them. How ?


भाजपा मुंबई कोअर कमिटी बैठक वसंत स्मृती, दादर येथे पार पडली. संघटनात्मक कार्याचा आढावा, आगामी निवडणूक पार्श्वभूमीवर चर्चा झाली.

देश के वरिष्ठ,निर्भीक,ईमानदार,निष्पक्ष,सौम्य, सरल और सहज पत्रकार श्री विनोद दुआ जी का असामयिक निधन पत्रकारिता जगत के लिए अपूरणीय क्षति है। इस दौर में देश को ऐसे पत्रकारों की अत्यधिक जरूरत है।

परम परमेश्वर उनकी आत्मा को शांति व शोक-संतप्त परिजनों को दुःख सहने की शक्ति प्रदान करे।

Read further:

This site uses Akismet to reduce spam. Learn how your comment data is processed.

- Advertisment -



%d bloggers like this: