In what is good news for
homebuyers who invested in a yet to completed best property
in India. The Center has warned states against diluting the Real
Estate Regulatory Act or RERA. Among the warning to states by the centre
include the introduction of rules and regulations by states legislatures which
violate the RERA’s provisions. According to the Centre, dilution of the RERA by
states may lead to a legal challenge.
Words from the Housing
Ministry
The Union Minister of
State for Housing has stated in a letter that rules, regulations and schemes
enacted by Indian states cannot be in violation of the main provisions of the
RERA because the RERA is settled law that cannot be altered by the subordinate
legislation of Indian states. The Union Minister in a letter to the Chief
Minister of Haryana wrote that any provision inserted into the rules of the
RERA constitutes an open legal challenge which is liable to be struck down by
Indian courts.
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Most incomplete projects
in Haryana have been kept outside the scope of the RERA because the state of
Haryana has diluted the norms which were a part of the draft rules for the
RERA.
A ministry official went
on to say that the housing ministry has appealed to each state not to dilute
the RERA but to frame their rules in synchronicity with the Real Estate
Regulatory Act. Ministry officials have provided Union Territories as exemplars
of an undiluted RERA which has been notified in UT without any legislation.
Indian states are encouraged to follow the RERA in the form in which it exists
with Union Territories.
What Home Buyers Have
Said
Across India, hundreds
of thousands of homebuyers who have invested in projects that are yet to be
completed have been against any dilution of the RERA. Such homebuyers have
openly opposed any attempt by state governments to dilute the RERA and in
particular the attempts by states to exempt yet to be completed projects from
the RERA.
A recent example of
action by homebuyers who were against the dilution of RERA is that of UP
homeowners petitioning the Chief Minister of Uttar Pradesh because they were
deeply concerned about the dilution of the RERA by the UP state legislature.
Many such investors had bought yet to be completed real estate in India at
Noida. In this instance, the UP Chief Minister had assured Noida Authorities
that the RERA would not be diluted by his government.
RERA across the States
Today
The state of Gujarat has
kept all projects launched in the state before November of last year out of the
grasp of the RERA. According to some of the best property websites in
India, states including UP, Andhra Pradesh, Haryana, Madhya Pradesh,
Maharashtra, Tamil Nadu, Rajasthan, and Karnataka have worked against the
interest of buyers by excluding most incomplete projects from being completed
as stipulated under the provisions of the RERA.
Conclusion
The RERA’s function if
enforced by the Judiciary could lead to the implementation of the undiluted
RERA at the state level in India.
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