High court serves notice on state government over H-RERA
The notice is in response to a petition filed by Gurgaon Citizens’ Councilgurgaon Updated: Sep 05, 2017 23:26 IST
Punjab and Haryana high court heard a civil writ petition by Gurgaon citizens’ council (GCC) with regard to the Real Estate Regulatory Act in Haryana and sent notice to the state government to appear before the court in next hearing on November 23. The petitioner told court that newly notified rules under RERA in Haryana favour developers across the state and is against the spirit of central RERA rules that are meant to resolve builder-buyer conflict.
“We have sought an appropriate order from the court to the state government on implementing the central RERA rules,” RS Rathee, the petitioner, said.
The notice of the high court is seen to be a big motivation factor for residents of private colonies and homebuyers waiting for their dream homes to be delivered.
According to the petition, on July 28, 2017 the Haryana government notified the rules of the Real Estate (regulation and development) Act, 2016 and inserted a clause that purportedly sought to give a reprieve to builders who obtained occupation certificates for their incomplete housing projects. They also weren’t obliged to register their projects with the authority as was mandated under the rules.
GCC filed the petition along with DLF Qutab Enclave Residents Welfare Association (Qwera).
Rathee said, “Central Rera exempts those developers from registration who have received a completion certificate (CC) prior to the commencement of the Act. Here, in Haryana, the act extends the said exemption stating anyone who has received a part CC or OC or has merely even applied for a part CC or OC will be out of RERA ambit. This has come as a huge letdown for homebuyers.”
Groups such as Fight for RERA, Federation of Apartments Owners’ Association (FAOA), #UnDilutedRERA and Dwarka Expressway Welfare Association and others have welcomed the court’s direction to the state to appear at the next hearing.
Shephalika Sharma, vice president of FAOA, said, “We have conveyed our greeting to GCC and would hold a meeting of our own members to chalk out our future course of action. Our moral support is with the GCC for taking so much effort and I believe it will have a larger impact on homebuyers in Gurgaon. We many all join their movement before the next date of hearing.”