Union’s affidavit on RERA refutes plea for exception

Mumbai: The central and state government filed affidavits in the Bombay high court refuting the possibility of making any exceptions in the RERA Act.  The affidavits were in response to the pleas by petitioning builders seeking exemption from RERA for ongoing projects. The hearing is being held on the directions of the Supreme Court and will go on everyday.

A division bench of justices Naresh Patil and Rajesh Ketkar was hearing a bunch of petitions filed by builders and realtors from Mumbai and other parts of the state questioning the constitutional validity of the RERA as well as seeking exemption for ongoing projects from coming in the ambit of the Act.

According to the affidavit filed on behalf of the union of India by Sailesh Jogani, under secretary, ministry of housing and urban affairs, the contentions of the petitioners that RERA could not be implemented retrospectively on ongoing projects was not valid as the Act has provisions for grievance redressal mechanism to reconcile disputes between promoters and allottees. The Act also has penal consequences that applies to ongoing projects too, hence the petitions were not maintainable. The affidavit filed by the state through advocate general Ashutosh Kumbhakoni was almost similar to the one filed by the union.

A host of developers had filed petitions and pleas in various high courts across the country as well as the Supreme Court claiming that only new projects should come under the purview of the Act and ongoing projects should be exempted as it was not possible to comply with the conditions stipulated in the Act as the projects had reached various stages of completion. Considering the large number of pleas against RERA and the suggestion of the additional attorney general, the SC in September had directed the Bombay high court to hear the pleas and decide on it within two months.

Apart from the developers, there are intervention applications from individuals who are affected by the delay in projects in support of the RERA. There is a petition filed by landowners claiming exemption from RERA. The Bombay high court is expected to hear the contentions of the petitioners on Tuesday. According to the MahaRERA, which is the regulating authority in Maharashtra, around 2100 developers and 4,682 projects have been registered with them till July 31, which was the deadline for registering.