The West Bengal government has suffered a major setback from the Supreme Court. The Supreme Court has termed the separate law made by the state government in place of Rera unconstitutional. The bench headed by Supreme Court Justice DY Chandrachud rejected the law (West Bengal Housing Industries Regulation Act-2017 ie Heera) enacted by the Government of West Bengal to regulate real estate area in place of Central Law Rera.
The Supreme Court termed the West Bengal Housing Industries Regulation Act-2017 ie Hira as void, and said that the law of the state government is unconstitutional. The Supreme Court said in its important decision that if the Central Government makes a law on a subject, then the State Legislature cannot make laws of the same nature. Dismissing the state government’s West Bengal Housing Industries Regulation Act 2017, Hira said that a parallel mechanism has been created in the making of this law and it is inconsistent.
The Supreme Court said-
The court said that if the central law is on any subject, the state cannot make such a law. The Supreme Court said that the law of the state government has overlapped the central law and thus by implementing this law, the state legislature has created a parallel system and thus has interfered with the power of Parliament and it is in the power of Parliament There is encroachment. If seen, the law of the state was not successful in protecting the interests of home buyers and this law is against the RERA law of the Center.
In such a situation, the law of the state government cannot remain and is repealed. The Supreme Court exercised its exclusive right to Article-142 and stated that the West Bengal Housing Industries Regulation Act-2017 i.e. under Hira was given earlier in the housing project. The decision will not have any effect on the permission. The West Bengal government’s law was challenged in the Supreme Court by an NGO. The petitioner had said that Byers had suffered a major loss due to state law.