FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) & ANR. versus THE STATE OF WEST BENGAL & ANR.

FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) & ANR. versus THE STATE OF WEST BENGAL & ANR.

WB-HIRA is repugnant to and constitutionally invalid vis-à-vis the Real Estate (Regulation and Development) Act, 2016. A substantial part of WB-HIRA is verbatim lifted from RERA and establishes a parallel, overlapping regime on subjects (Entries 6 and 7, Concurrent List) which Parliament had legislated; several provisions of WB-HIRA conflict with or omit safeguards in RERA; the State did not obtain the President's assent under Article 254(2) to cure repugnancy; consequently WB-HIRA is unconstitutional and void. The earlier West Bengal 1993 Act remains impliedly repealed by RERA and is not revived. In exercise of Article 142, past registrations, sanctions and permissions granted under...

Parties
Petitioner: FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) & ANR.; Respondent: THE STATE OF WEST BENGAL & ANR.
Jurisdiction
India
Judgment Date
04 May 2021
Procedural Posture
Writ Petition (c) No. 116 of 2019 (article 32) / Final Judgment (decided May 4, 2021)
Outcome
Writ petition allowed; WB-HIRA (West Bengal Housing Industry Regulation Act, 2017) declared repugnant to and invalid vis-à-vis RERA, 2016; WB 1993 Act not revived; past registrations preserved under Article 142
Legal Topics
Repugnancy Under Article 254, Interpretation of Ss.88 and 89 RERA, Presidential Assent Under Article 254(2), Implied Repeal, Article 142 Remedial Relief, Relation Between Central and State Real Estate Laws
Constitutional Law Federalism Legislative Competence Real Estate Regulation Statutory Interpretation Repugnancy Under Article 254 Interpretation of Ss.88 and 89 RERA Presidential Assent Under Article 254(2) +3 more

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Parties

FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) & ANR.

Petitioner

THE STATE OF WEST BENGAL & ANR.

Respondent

Procedural Posture

Writ Petition (c) No. 116 of 2019 (article 32) / Final Judgment (decided May 4, 2021)

Legal Issues

  1. 1 Whether the West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA) is constitutionally valid or repugnant to the Real Estate (Regulation and Development) Act, 2016 (RERA) under Article 254
  2. 2 Whether WB-HIRA falls within Entry 24 of List II (industry) or Entries 6 and 7 of List III (Concurrent List)
  3. 3 Whether ss.88 and 89 of RERA permit state enactment of identical parallel regimes without presidential assent

Ratio Decidendi

WB-HIRA is repugnant to and constitutionally invalid vis-à-vis the Real Estate (Regulation and Development) Act, 2016. A substantial part of WB-HIRA is verbatim lifted from RERA and establishes a parallel, overlapping regime on subjects (Entries 6 and 7, Concurrent List) which Parliament had legislated; several provisions of WB-HIRA conflict with or omit safeguards in RERA; the State did not obtain the President's assent under Article 254(2) to cure repugnancy; consequently WB-HIRA is unconstitutional and void. The earlier West Bengal 1993 Act remains impliedly repealed by RERA and is not revived. In exercise of Article 142, past registrations, sanctions and permissions granted under...

Court Disposition

Writ petition allowed; WB-HIRA (West Bengal Housing Industry Regulation Act, 2017) declared repugnant to and invalid vis-à-vis RERA, 2016; WB 1993 Act not revived; past registrations preserved under Article 142

Orders

  • West Bengal Housing Industry Regulation Act, 2017 declared repugnant to the Real Estate (Regulation and Development) Act, 2016 and unconstitutional
  • No revival of the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993; it stands impliedly repealed by RERA