19/08/2023
The Supreme Court has taken a strong stance on the enforcement of the Real Estate (Regulation and Development) Act, 2016 (RERA), directing responses from various state governments and union territories regarding their compliance with the Act. The Court's focus centers on the establishment of regulatory authorities and appellate tribunals under RERA.
In a recent development, the Court summoned the chief secretaries of Nagaland, Meghalaya, Sikkim, and the Union Territory of Ladakh, urging them to provide explanations for the non-establishment of Real Estate Regulatory Authorities. The Court's directive also extended to states such as Arunachal Pradesh, Mizoram, and West Bengal, along with the Union Territory of Jammu and Kashmir, which have initiated only interim orders for the notification of such authorities.
Referring to a progress report submitted by the Additional Solicitor General for India Balbir Singh, the Court acknowledged that while most states and union territories have taken steps to establish regulatory bodies and tribunals, some are lagging behind. Notably, Nagaland remains the sole state yet to notify the rules under RERA.
The Court's directive, issued through a bench comprising Justices Sanjiv Khanna and SVN Bhatti, underscores its dedication to ensuring RERA's full and consistent implementation across the country. The Court emphasized that the chief secretaries in question are required to file affidavits indicating their state or union territory's progress in enforcing and implementing RERA within 60 days from the order's date of service.
With this recent development, the matter is set to be reviewed again in January 2024, signalling the Supreme Court's continuous vigilance in ensuring a unified and comprehensive regulatory framework for real estate operations.