Practice Area

REAL ESTATE

Published On

May 15, 2021

Authors

Sucharita Basu , Sruti Baid , Susom Chattopadhyay

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.