Lawstreet Journal

Supreme Court Uses the Doctrine of Occupied Field to Strike Down the West Bengal Housing Industry Regulation Act, 2017 for Repugnancy with RERA, 2016

Lawstreet Journal 5 May 2021 6:18pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Uses the Doctrine of Occupied Field to Strike Down the West Bengal Housing Industry Regulation Act, 2017 for Repugnancy with RERA, 2016

The Supreme Court earlier today (04/05/2021), struck down the West Bengal Housing Industry Regulation Act, 2017 for repugnancy with the Central law, The Real Estate (Regulation and Development) Act, 2016 (“RERA”).

The judgement was given by a bench comprising Justices DY Chandrachud and MR Shah.

The matter came up before the Supreme Court as a writ petition (Forum for Peoples Collective Efforts v. State of West Bengal)filed by an NGO stating that the refusal of the West Bengal Government to implement RERA has resulted in losses for the state's home buyers.

The RERA was enacted by the Parliament in the year 2016 to holistically cover the legal requirements in real estate transactions by referring to the entries 6 (property transfer), 7 (matters of contract) and 46 (matters concerning the jurisdiction of courts other than Supreme Court) of the Concurrent List in the Seventh Schedule of the Constitution of India. Complying with the provisions of RERA the West Bengal Government had also notified draft Real Estate (Regulation and Development) Rules, 2016 and public consultations on the rules were also undertaken. But no further actions were taken to finalise the rules. 

In 2018 the state enacted the West Bengal Housing Industry Regulation Act, 2017 which the petitioner alleged was related to the sale of housing property. The petitioner argued that though the state law talks about the housing industry and housing for all it was majorly concerned with the sale of products of the housing industry.

The state enactment was challenged by the petitioner based on Article 254 of the… Continue Reading...


Tagged: Supreme Court of India  
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