Thread by @barandbench

{West Bengal HIRA vs RERA}

Supreme Court bench led by Justice DY Chandrachud to deliver judgment in plea challenging the constitutional validity of West Bengal Housing Industry Regulation Act, 2017 since it is similar to Central law RERA

#SupremeCourt @FightForRERAInd

The moot question of law in the case is:

Can a state, in the name of cooperative federalism, enact a legislation under the Concurrent List to occupy the same field that the Parliament has occupied?

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@FightForRERAInd
#realestate

@DebayonRoy @FightForRERAInd Read more about the petition here:

barandbench.com/amp/story/news…

The pronouncement to begin shortly
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#HIRAvsRERA

Justice DY Chandrachud shows the volume of the judgment by picking up the copy of the verdict

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#HIRAvsRERA

Justice DY Chandrachud: From our analysis of RERA and HIRA two fundamental feature emerge is that HIRA overlaps with RERA copied word to word and enact at state level. it does not complement RERA

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#HIRAvsRERA

Justice DY Chandrachud: WB HIRA has enacted a parallel mechanism and its a same enanct as a centre enactment. Both the statutes refer to same entry in the concurrent list

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#HIRAvsRERA

Justice DY Chandrachud: The third test of repugnancy is that subject matter of state enactment is same to central enactment and post it. once parliament has enacted a law its not open to state legislature to enact a similar law and lift it word to word

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#HIRAvsRERA

Justice DY Chandrachud: test of repugnancy is clearly established. wb hira occupies the same subject as parliamentary enacted law. West Bengal has attempted to establish a parallel regime which is not permissible

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#HIRAvsRERA

Justice DY Chandrachud: Where cognate legislation is enacted by state, section 88 RERA shows parliament did not oust state to enact law on allied or cognate to parliaments legislative authority. HIRA is not allied or cognate here

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Justice DY Chandrachud: state legislature has encroached on the subject of the parliamentary legislation which has a higher weightage in matters of entries of concurrent list. above analysis shows additional repugnancy between WB HIRA and RERA

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Justice DY Chandrachud: enactment of state legislature is void to the extent of repugnancy. there is also a failure of state to have statutory safeguards enacted under RERA as compared to WB HIRA and protect interest of homebuyers

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Justice DY Chandrachud: The provisions of WB HIRA 1993 act stood repealed after enactment of the HIRA 2016 act. Our striking down provisions of 2016 act will not revive the 1993 act in any way. we conclude that HIRA being repugnant to RERA IS UNCONSTITUTIONAL

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Justice DY Chandrachud: in the exercise of Article 142 we direct that striking down of WB HIRA will not affect the sanctions permissions granted under WB HIRA prior to the delivery of this judgment. this power has been exercised to safeguard past decisions and prevent chaos

Delivery of Judgment ends.

Justice Chandrachud: We have held Section 88 cannot override Article 254. RERA itself deals with municipal issues and enforced by state governments. 88 allows state law which will compliment the RERA

[BREAKING] Supreme Court strikes down West Bengal Housing Industry Regulation Act, 2017 for being in conflict with Central law, RERA 2016

report by @DebayonRoy

#RERA #WestBengal

barandbench.com/news/litigatio…

Justice Chandrachud: It was a fascinating excercise. Excellent written submissions by counsels.

#supremecourtofindia #HIRAvsRERA