Thread by @barandbench

#SupremeCourt to hear petition seeking a direction to the Central government to frame a Model Builder Buyer Agreement to ensure transparency and to protect the interests of homebuyers as per the aims of the Real Estate (Regulation and Development) Act, 2016 @AshwiniUpadhyay

Sr Adv Menaka Guruswamy: The Solicitor General was asked to get response of the Centre. It's about how union can be involved in law reforms in this area. Sections 41 and 42 of RERA provides of central advisory council

ASG Aishwarya Bhati: The model BBA has already been adopted and circulated. We have said so in the counter too. For those UTs who did not the law, onus was on centre to provide the agreement

Bhati: Please see the statutory rules annexed herein. It was filed..

.@MenakaGuruswamy : Sorry we have not recieved the counter

Bhati: i will have it sent over

Bhati: We are submitting that small amount of leeway can be given to small builders

Guruswamy: Centre has always said that state govt notifies its own rules. But we are saying this kind of fractured legislation is the issue

DYC J: we have the slum rehabilitate authority in Mumbai but that may be not anywhere else

Guruswamy: Centre says they don't have power but it's not correct. We have no quarrel with local laws

SC: You can formulate some common minimum norms which must be there and then leave it to the states

Bhati: This has already been done. Union is not shirking away from its responsibilities

SC: Have you examined all state rules to see that buyers interest is not compromised?

SC: Have you seen all state rules to see that it adopts the essential ingredients of the rules by RERA and buyers interest is not compromised.

Bhati: There has been threadbare comparison with states where there are heavy constructions.

SC: Tell us that you have examined all rules of states. States which have not been examined should be done so now

Bhati: West Bengal has not followed it.

SC: Mr Bharuka had filed an MA asking RERA to be used in WB. But we said that it cannot be done so by the MA. But we recorded the statement.

Bhati: we will conduct this excercise and report back.

SC: Ms Guruswamy you also examine that if state rules follow the essence of RERA rules

Guruswamy: Niti Aayog which is a part of Central Advisory Council can also look into it.

J. Surya Kant: Wherever you find there is a discrepancy, we can direct the state to adopt the rules therein.

Bhati: The audio of the court is disrupted. We only hear the beginning of sentence and last of it. Please get it rectified

Guruswamy: it is just like the model BBA!

SC: We will come back in 5 minutes and see this.

ASG Bhati suggests that Mr Bharuka may be appointed as an amicus in the case

SC ORDER: Centre has filed a compilation of additional documents. On Nov 5 2016 RERA had formulated rules and all states were requested to forward copy of rules as notified.

SC: compliance is yet to be made by WB , some North eastern states and Jammu and Kashmir. This excercise be carried out at two levels. Union Ministry for Housing shall scrutinize the state rules and report to this court if they comply with the 2016 rules by centre

SC: We also appoint Mr Bharuka as the amicus in this case and also assist this court is carrying out this excercise
#modelBBA