A bench of Justices Arun Mishra and M M Shantanagoudar said that it was necessary that the matter be examined by one court as different HCs may pronounce conflicting order on the validity of 2016 Act meant to regulate real estate sector.
Attorney General K K Venugopal and additional solicitor general Maninder Singh, appearing for Centre, told the bench that around two dozen cases had been filed in different High Courts and pleaded the court to transfer the cases to one HC to settle the controversy. They said that builders were challenging the provision making it mandatory for them to register their ongoing projects.
The bench, however, said that that there was no need to transfer all cases to Bombay HC which would decide the issue by taking up the petitions filed before it.
The builders’ main contention is that the provision of bringing all “ongoing projects” under RERA have retrospective effect since the projects were started when there was no such law, and hence the law was illegal. They have even challenged the Centre’s right to enact the law relating to land, which is a state subject, and contended that submitting details of projects to the regulator would amount to infringement of the right to privacy.
23 states and UTs have so far notified the real estate regulation rules.
Source : timesofindia