Legitimateness of RERA preserved by Bombay High Court

The Bombay High Court on Wednesday preserved the legitimateness of the Real Estate Regulation and Development Act (RERA), 2016 for all incomplete and ongoing projects.

Several real estate developers and individual plot owners had challenged the constitutional validity of the act and some of its provisions.

A bench comprising of Justice Naresh Patil and Justice Rajesh Ketkar pronounced its judgment on a bunch of petitions filed by the developers and individual plot owners.

However, the court permitted the RERA Authority to grant an extension of time to developers for completion of projects on a case-by-case basis.

Builders too reacted saying that they support the decision of the Bombay High Court to uphold the validity of the Act.

Builders had filed cases in the High Courts of Bombay, Nagpur, Aurangabad and Bangalore challenging provisions of RERA including the provision of ongoing projects.

The government of India had filed a Transfer Petition in the apex court that sought for clubbing all similar cases in various courts. Thereon, the Supreme Court had directed High Court of Bombay to hear the cases filed in Maharashtra with a directive to give a judgment within 2 months.

Source: Money Control

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