SC Agrees To Hear Centre's Plea To Transfer All Petitions Challenging RERA To SC

The Supreme Court has decided to hear on Monday the Centre's plea for transfer of  cases , challenging the validity of the RERA, pending in various high courts to the Apex court.

The Real Estate (Regulation and Development) Act , 2016 came into force from May 1 this year. However the validity of the Act has been challenged in various high courts by the builders and promoters.

Appearing for the central government Additional Solicitor General (ASG) Maninder Singh mentioned before the bench headed by Chief Justice of India Deepak Misra for listing of the petition some time in next week.

The ASG told the bench that about 20 such  petitions challenging the RERA has been pending in various high courts including Karnataka and Mumbai and Madhya Pradesh High Courts.

He also submitted that to avoid multiplicity of litigations, this court should pass an order for the transfer of all the cases to this court.

In its petition in the centre stated that the Act doesn't have retrospective applicability as it only applies to those ongoing projects which have not received complaints and certificate as on May 1, 2017.

According to the petition, the Act provides for institution of a uniform regulatory environment to protect the interest of consumers and establishing an adjudicatory mechanism for speedy adjudication of disputes in the real estate sector .

It also imposes clear responsibility on the promoter,buyer and the real estate agent and introduces standardisation in business practice which would ensure orderly growth of real estate sector across the country, as per the petition.