Published On: Wed, Oct 11th, 2017

Home buyers Facing The Petition Challenging Legality of RERA

law1By Accommodation Times Bureau

Realty developers have filed petition challenging the legal validity of RERA and
some of its provisions, in the Bombay High Court. On the other side, a pan-India
homebuyer's pressure group ‘Fight for RERA’- that has now formed a non-profit
company Forum for People's Collective Efforts (FPCE)-has filed an application in
the Bombay High Court.
Several builders in the cities like Bombay, Nagpur, Aurangabad, Bangalore,
Jabalpur had filed cases in the respective high courts, to challenge the recently
ordinate Real Estate (Regulation & Development) Act, 2016, and few of its
provisions including applicability for ongoing projects.
The government of India had filed a Transfer Petition in the Supreme Court
seeking directive that all similar cases in various courts be clubbed and heard by
the apex court. The Supreme Court then directed the High Court of Bombay to
hear the cases filed in Maharashtra with a directive to give a judgment within 2
months. Meanwhile, the Supreme Court stayed all proceedings in other high courts
until this judgment is pronounced.
The Act itself has been challenged by the builders and there was no party
representing homebuyers in the said matter. With this impleadment petition, FPCE
will become a party representing homebuyers across the country.

It was felt that being the important stakeholders and having made tremendous
effort to make this Act a reality, we should implead in the matter to put the
consumer’s perspective before the court. We will strongly put our views before the
honourable court so that RERA in its present form prevails and interest of
homebuyers are adequately and sufficiently protected," said Abhay Upadhyay ,
President, FPCE.
Upadhyay also explained the matter saying that ,RERA was necessitated not only
to protect the interest of home buyers but also to cleanse the rampant malpractices
prevalent in the realty sector ,which has put at stake life savings of millions of
home buyers across the country, he said.
Besides, this Act was primarily formed to protect home buyers and bring parity
between the two largest stake holders, who so far have been on completely unequal
footing. Hence, it was imperative that the home buyers' perspective should also be
heard before the Bombay High Court passed any direction or judgment in the said
matter.
On October 9, the Bombay High Court has taken up the matter and the next
hearing is scheduled on November 6. Apart from FPCE, other home buyers have
also filed similar applications and all of these will be taken up for hearing on the
next scheduled date.

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