The following news appeared in the Times of India, Pune edition of 22nd May 2017. The Central Government has again clarified that the States can not dilute the essence of the RERA provisions.
It has been in the news that many states are trying to dilute the RERA provisions by promulgating weak state rules which are inconsistent with the Central RERA legislation. This will result in an unnecessary litigation and go against the very objective of bringing RERA. The states are obliged to promulgate rules that are consistent with the central legislation and they should refrain from diluting the main Act.
It is a settled law that subordinate legislation such as rules, regulations, schemes etc. cannot be in violation of the provisions of the principal Act and any such provision inserted in the rules will be open to legal challenge and liable to be struck down by the courts, Minister of State for Housing, Rao Inderjit Singh said in a letter to Haryana chief minister Manohar Lal Khattar.Opinion:
It has been in the news that many states are trying to dilute the RERA provisions by promulgating weak state rules which are inconsistent with the Central RERA legislation. This will result in an unnecessary litigation and go against the very objective of bringing RERA. The states are obliged to promulgate rules that are consistent with the central legislation and they should refrain from diluting the main Act.
Some States are promulgating rules that are inconsistent with RERA and going against its very objective.#RERA #Realty #RealEstate
— Avadhoot Dandekar (@Webtwits) May 22, 2017
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