The Supreme Court of India directed the Bombay High Court to expeditiously decide all the pleas challenging validity of Real Estate (Regulation and Development) Act (RERA) which are pending.
The apex court also asked the other high courts where builders and others have filed their plea challenging the provisions of RERA, to await the decision of Bombay High Court before making any decision.
A bench headed by Justice Arun Mishra and Justice M M Shantanagoudar passed the order while hearing a plea filed by the Centre seeking transfer of various RERA-related pleas pending in different high courts to either one of the high courts or the Supreme court.
“We feel it would be appropriate to direct the Bombay High Court to take up the matter along with other connected matters pending there…Let a considered decision on this plea be taken as expeditiously as possible,” the bench said.
Attorney General K K Venugopal told the Supreme court that many petitions have been filed in the High Courts of Karnataka, Bombay and Madhya Pradesh challenging the provisions of RERA and it would be appropriate if all these matters are decided either by the apex court or one of the high courts.
Government earlier mentioned the matter before a bench headed by the Chief Justice and said that 21 petitions challenging the validity of the RERA are pending before the various high courts across the country.
“To avoid multiplicity of litigation on the issue, all these matters pending in the high courts including those of Bombay and Karnataka, should be transferred here,” the Centre said earlier.
RERA came into effect on May 1, 2017, just a year after it was passed by both Houses of Parliament. Validity of this Act has been challenged in various high courts by several petitioners, including the builders and promoters of real estate companies.
Recently, Bombay High Court asked the Centre and the state to file their responses on the petitions challenging various provisions of the RERA Act.
As per the Act, all the developers, projects and agents had till July 31 to register their projects with the Real Estate Regulatory Authority mandatorily . Any unregistered project would be cosidered as unauthorised by the regulator.
Under RERA, every state and union territory will have its own Regulatory Authority (RA) which will frame the rules and regulations as per the Act.
The act covers both the newly launched projects and the on-going projects which are incomplete or the occupation certificate has not been received. This makes it obligatory on the part of builders to not to book, sell or offer for sale, or invite people to purchase any plot, flat, apartment or building in any real estate project without registering it with the authority.