Supreme Court seeks State Governments' reply on deviation in RERA Act in their respective jurisdictions with three weeks

Supreme Court seeks State Governments' reply on deviation in RERA Act in their respective jurisdictions with three weeks

The bench comprised of Justices DY Chandrachud and AS Bopanna

The Supreme Court has asked all the State governments to reply to the deviations and variations pointed out in the implementation of the Real Estate (Regulation and Development) (RERA) Act, 2016 and corresponding rules and laws in their jurisdiction within three weeks.

The State governments are directed to submit their responses to the Union Ministry of Housing and Urban Affairs (Ministry) so that it can collate the details in a tabulated chart manner in consultation with advocate Devashish Bharuka, who is assisting the court as an amicus curiae and suggest a way forward.

The advocate Ashwini Upadhyay, who has filed a lead petition in this regard, sought that the court should pass directions for the adoption of a one nation-one builder-buyer agreement across the country.

On January 17 this year, the Apex Court emphasized the need for a model builder-buyer agreement to safeguard the interest of middle-class home buyers and asked the Centre to consider framing uniform rules under the provisions of RERA.

The bench, while listing a batch of pleas seeking implementation of a model builder-buyer agreement across the country on September 16, said that it would pass directions on the next date of hearing based on the suggestions of amicus curiae who pointed out the deviation. This would enable Additional Solicitor General Aishwarya Bhati appearing for the Ministry to direct the States to implement them.

The Court said that both amicus and the ASG should prepare a model builder-buyer agreement based on the responses of the State governments leaving some degree of flexibility to make some deviations as per the local needs.

The bench added that it is seeking responses from the state governments on the note submitted by the amicus curiae and they will submit their responses to the Ministry which would suggest a way forward in consultation with Bharuka.

On April 18, the Top Court asked Chief Secretaries of all the States to respond to the queries raised by the Centre on the implementation of the Real Estate (Regulation and Development) (RERA) Act, 2016 and corresponding rules in their jurisdiction. It had said that in March 2022, the Centre had written to all the States seeking certain information concerning the agreement of sales rules notified under the RERA Act and their compliance but only five States have so far responded to it.