The West Bengal Housing Industries Regulation Act (WBHIRA) has been declared unconstitutional by the Supreme Court. According to the court, this law passed on behalf of the state government is not different from the law applicable to the central government.
West Bengal Housing Industries Regulation Act
The Supreme Court has rejected the law made by the West Bengal Government regarding the housing industry as unconstitutional. This can give a big blow to the West Bengal government. Actually, this law was passed by the state government in place of the Central Law (RERA), 2016.
The bench of Justice DY Chandrachud and Justice MR Shah has repealed the West Bengal Housing Industries Regulation Act (WBHIRA), 2017. The apex court said, “If the Parliament has enacted a law on any subject, then it is not right for the State Legislature to enact the same law.”
The court also said that the state law, which repeals the central law, cannot be upheld. This is a violation of central law and it shows differences. Therefore, it is being rejected. Let me tell you that Hira Kaunan of West Bengal was challenged by an NGO called Forum for People’s Collective Efforts (FPCE). It was said in the appeal that home buyers have suffered a lot due to this.
A bench of judges in the apex court said, the West Bengal government refused to implement the RERA law implemented by the central government and enacted a separate law in 2017, but the state government did not clarify its position. . How it is different from the law of the Central Government, it was not told. No difference was found between the two laws in the analysis, so it has been decided to cancel it.
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