Real Estate (Regulation and Development) Actis valid: Bombay High Court

Published on 07 Dec 2017 by Team

Image courtesy - accommodationtimes.com

The Bombay High Court today ruled that all provisions of the Real Estate (Regulation and Development) Act, 2016 were constitutional and valid.

A division bench of Justices Naresh Patil and Rajesh Ketkar rejected multiple petitions filed by builders and devlopers that challenged the validity of some of the sections of the Act. The builders had challenged section 18 of the Act, under which builders will have to return monies received with interest, if they fail to hand over possession or complete the project in a time bound manner.

Other provisions challenged included one that compelled the builder to pay compensation to buyers, if the date of hand over exceeded the deadline mentioned at the time of registration under the Act by more than a year.

The Court while upholding the provisions of RERA, said,

“RERA is not a law relating to only regulating concerns of the promoters but it’s object is to develop the real estate sector, particularly the incomplete projects, across the country. The problems are enormous and it’s time to take a step forward to fulfill the dream of the ‘Father of the Nation. To wipe out tears from every eye.”

Additional Solicitor General Anil Singh, appeared for the Union of India, while the State of Maharashtra was represented by Advocate General Ashutosh Kumbhkoni. Senior counsel Darius Khamabataassisted the court as amicus curiae.

Source – barandbench.com


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