RERA implementation came into force all over the country on May 1, 2017, despite most of the states failed to meet the RERA timeframe and those who notified their norms are mostly found either partial or diluted the central law. On last Friday, the Allahabad high court directed the state government of UP to submit a report within 7 days on their each of the moves regarding the implementation of Real Estate (Regulation and Development) Act, 2016.
The order makes headway with the Public Interest Litigation (PIL) filed by FedAOA, an apex body of Apartment Owners Associations in Ghaziabad which claimed that the state government of UP had submitted their RERA rules without forming a Regulatory Authority (RA) or the Real Estate Appellate Tribunal as obligated by the central law, thus it’s alleged to dilute the main stipulation of RERA.
Shehnaz Ahmed counsel for FedAOA disclosed that a division bench including Chief Justice Dilip Babasaheb Bhosale and Justice Yashwant Varma has demanded the existing counsel for the state to come by the instructions from the government and report to the court about the steps taken by the state government in setting up the RERA Authority. On coming May 19, the court will hear the matter once more.
Asking on the same West Bengal RERA expert Mr. Mahesh Somani said, “An Appellate Tribunal is an integrated section of central RERA regime, without which consumers will be unable to raise their complaints against builders’ defaults. West Bengal is expected to finalize its respected RERA rules within the scheduled time stretch. We hope, the state will comply with the central clauses for successful RERA implementation. A whole lot of people who are willing to buy flats in Kolkata are looking forward to this clout.”
FedAOA highlighted that the sections 20(1) and 43(4) of central RERA Act, says that a state should form Regulatory Authority within one year from the date of notification of the Act. RERA was notified on May 1, 2016 and came into force on May 1, 2017 within which a state that has notified their RERA rules should have formed its RA. This forced FedAOA to go for a PIL. This PIL also shows that this entire notified Act by the state is of no use. It also throws lights on the state government hasn’t developed their respective website where suppose the builders to register their respective project details.
- Somani Realtors News Network