Centre moves SC, seeking transfer of pleas against RERA to Delhi HC


The Supreme Court has agreed to hear the centre’s petition, seeking transfer of various pleas challenging the validity of the Real Estate (Regulation and Development) Act that are pending in different high courts, to the Delhi High Court

The central government, on August 30, 2017, asked the Supreme Court to transfer the various petitions against the Real Estate (Regulation and Development) Act (RERA), pending before different high courts, to the Delhi High Court for adjudication.

The government mentioned the matter before a bench, comprising chief justice Dipak Misra and justices Amitava Roy and AM Khanwilkar that 21 petitions challenging the validity of the Act were pending in various high courts across the country.

See also: What is RERA and how will it impact the real estate industry and home buyers?

The bench agreed to hear the centre’s plea and fixed it for hearing on September 4, 2017. The central Real Estate (Regulation and Development) Act (RERA) came into effect on May 1, 2017, a year after it was passed by the parliament. As per the Act, developers, projects and agents had till July 31, 2017, to mandatorily register their projects with the Real Estate Regulatory Authority. Any unregistered project, would be deemed to be unauthorised by the regulator.

Under RERA, each state and union territory will have its own regulatory authority, which will frame regulations and rules as per the Act. RERA covers both, new project launches and ongoing projects, where the completion/occupation certificate has not been received. RERA makes it obligatory on the part of the builders not to book, sell or offer for sale, or invite persons to purchase any plot, apartment of building, as the case may be, in any real estate project, without registering the project with the authority.

 

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