West Bengal real estate act: Hardeep Singh Puri says states have to conform to central law

Referring to the West Bengal government passing its own Housing and Industrial Regulation Act, union housing minister Hardeep Singh Puri made it clear that when the centre has passed the RERA, states have to conform to it

In the wake of West Bengal notifying its own real estate act, Union minister Hardeep Singh Puri, on September 18, 2018, made it clear that there is no ambiguity when it comes to the implementation of the central law and states have to conform to it. Puri said that a letter has been written to the state government on the issue. Sources said that the centre has asked the West Bengal government to repeal its real state act, as there is already a central law on the same subject.

See also: FPCE writes to president, requests not to give assent to HIRA by WB government

The West Bengal government has notified its Housing and Industrial Regulation Act, 2017 (HIRA), instead of implementing the Real Estate (Regulation and Development) Act 2016 (RERA), enacted by Parliament.

Under the central act, states need to form their own Real Estate Regulatory Authorities, to provide proper protection to home buyers. “We have sent a letter (to West Bengal). There is no ambiguity when the centre passes a law. The states have to conform to that,” Puri said on the sidelines of an event.

Asked about 60 developers already being registered under the West Bengal’s HIRA, Puri said, “They (West Bengal government) can register. If you pass a faulty law and if it is not found to be legal, I do not want to go further than that.” Recently, the union Housing and Urban Affairs Ministry had sought the opinion of the Law Ministry over West Bengal’s real estate act. “We have done the legal vetting of the proposal which came and based on that we have written a letter,” he said. The West Bengal government’s HIRA needs to get the presidential assent for its law, owing to the central law on the same subject, sources claimed.


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