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Thursday, 24 June 2021

Supreme Court - WB-HIRA is repugnant to the RERA, and is hence unconstitutional

 In the Matter of Forum for People’s Collective Efforts (FPCE) & Anr. V/s The State of West Bengal & Anr.Writ Petition (C) No. 116 of 2019 decided on 04.05.2021 

The Apex court held that 

“83. For the above reasons, we have come to the conclusion that WB-HIRA is repugnant to the RERA, and is hence unconstitutional. We also hold and declare that as a consequence of the declaration by this Court of the invalidity of the provisions of WB-HIRA, there shall be no revival of the provisions of the WB 1993 Act, since it would stand impliedly repealed upon the enactment of the RERA.