Real Estate and Infrastructure

Realty Law Rejig for Bengal

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Description

The Hon’ble Supreme Court of India (“SC”) on 4 May, 2021, struck down the West Bengal Housing Industry Regulation Act, 2017 (’WBHIRA’), holding it to be unconstitutional in view of the existence of Real Estate (Regulation and Development) Act, 2016 (‘RERA’), which is the Central legislation on the identical subjectmatter. The SC held that WBHIRA was ‘unconstitutional’ as it created a parallel regime and was in direct conflict with RERA.