{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?

The pronouncement to begin shortly
Justice DY Chandrachud shows the volume of the judgment by picking up the copy of the verdict

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

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

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

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

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

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

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

Justice DY Chandrachud: The provisions of WB HIRA 1993 act stood repealed after enactment of the HIRA 2016 act.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

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

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

#supremecourtofindia #HIRAvsRERA

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Bar & Bench

Bar & Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

5 May
#MadrasHighCourt hears suo motu case concerning COVID-19 management in Tamil Nadu and Puducherry. Matter before Chief Justice Sanjib Banerjee and Senthilkumar Ramamoorthy.

Track thread for live updates.

#CovidIndia Image
Is the State govt represented?: CJ

Govt Adv Suresh says he is representing

Do you have instructions?: CJ

Addl status report has been filed: Suresh

On 30th we took up matter. Because of change in govt, naturally.... we were wondering if state is adequately represented..: CJ
ASG says he has filed a typeset. 1 lakh 35k vials of #Remdesivir allocated for TN for period between April 21-May 9

CJ: Mr Sankaranarayanan, no point doing anything unless the State govt is represented.
Read 39 tweets
5 May
#BombayHighCourt to deliver verdict in plea filed by Mumbai resident Sunaina Holey for quashing FIR registered against her pertaining to tweet allegedly promoting enmity between two communities.

Pronouncement by Bench of Justices SS Shinde and MS Karnik @ 1.30pm.

@SunainaHoley Image
The order was reserved on January 7, 2021.

Bench has assembled.
Read 10 tweets
5 May
BREAKING: Supreme Court special bench headed by Justice DY Chandrachud to assemble at 12:30 PM TODAY to hear Centre's appeal against Delhi HC order mulling #contempt against state & centre officials as #oxygen supply as per Supreme Court order was not met. Image
[BREAKING] Central govt moves Supreme Court against Delhi High Court contempt of court notice on Oxygen supply; hearing at 12.30

report by @DebayonRoy

#SupremeCourt #OxygenCrisis #DelhiHighCourt

Justice DY Chandrachud led bench of #SupremeCourt to shortly hear appeal by Centre against Delhi HC order mulling contempt action against Centre & state officials for not supplying 700MT oxygen to Delhi as per #SupremeCourt order
#OxygenEmergency Image
Read 95 tweets
5 May
Delhi High Court begins hearing MJ Akbar appeal against trial court judgment acquitting Priya Ramani in criminal defamation case

#PriyaRamani #MJAkbar #MeToo @mjakbar Image
Judgment completely perverse, judge has not decided matters that have been open after trial: Senior Advocate Geeta Luthra for Akbar

#PriyaRamani #MJAkbar #MeToo @mjakbar
Let me call for the trial court record: Justice Mukta Gupta

#PriyaRamani #MJAkbar #MeToo @mjakbar
Read 4 tweets
5 May
Delhi High Court to shortly begin hearing petitions concerning #COVID19 and #oxygen supply in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

@CMODelhi Image
Yesterday, the Court had directed Centre to show cause as to why contempt of court should not be initiated for non-compliance of orders directing supply of #oxygen.

Read more:
The Court accordingly directed that Central government officers, Piyush Goyal and Sumita Dawra, be present before it today.

#OxygenCrisis #COVID19
Read 222 tweets
5 May
Aurangabad Bench of #BombayHighCourt to hear plea seeking criminal cognizance into the procurement and distribution of #Remdesivir vials by BJP MP Dr. Sujay Vikhe Patil.

Hearing before Bench of Justices RV Ghuge and BU Debadwar.

#RemdesivirBlackMarketing Image
Hearing begins.

Sr Adv Shirish Gupte appearing for the court points out that any order in the writ petition should not be passed without hearing the suspect.

His contention is that petition is not maintainable.
Read 16 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!