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rera: Do states’ rules conform to central Rera? SC seeks info | India News – Times of India


NEW DELHI: The Supreme Court on Monday ordered threadbare scrutiny of all state notified rules modelled under the Real Estate Regulation and Development Act (Rera), 2016, to identify the provisions which did not conform to the central model law and put flatbuyers at the mercy of builders.
Hearing a PIL by Ashwini Upadhyay seeking a uniform model builder-buyer agreement across India, a bench of Justices D Y Chandrachud and Surya Kant directed the Union ministry of housing and urban poverty alleviation to coordinate with amicus curiae Debashish Bharuka in examination of the state Rera provisions, especially focussing on the general rules and agreement for sale rules.
“At present stage, the court needs to be appraised whether rules framed by the states contain the essential norms adopted by the Centre in its 2016 Rera rules and whether there are any deviations which in substance would mean these were against the interest of flatbuyers,” the bench said.
It asked the Union housing ministry and Bharuka to complete the exercise of comparing the provisions of all state Rera rules with that of the central Rera regulations within two months and file a detailed report before the court. It posted the matter for hearing in May first week.
Appearing for the petitioner, senior advocate Menaka Guruswamy claimed that there had been no exercise carried out by the central government, which has an important role to play in bringing uniformity in builder-buyer agreement. But the SC asked whether the petitioner has notionally examined the provisions of the state Rera rules to pin-point discrepancies between the state and central rules.
Guruswamy conceded that the petitioner had not done so. Additional solicitor general Aishwarya Bhati said the Union government has done a comparison and found that Maharashtra and Haryana have either added additional clauses or improved upon the central rules. Bhati said except for West Bengal, J&K and a few northeastern states like Nagaland and Manipur, all other states have notified Rera rules and framed model builder-buyer agreements.





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