Gurgaon: Homebuyers to move high court against softening of RERA rules
Gurgaon residents have been up in arms over the alleged dilution of RERA rulesgurgaon Updated: Oct 24, 2017 23:28 IST
Nearly three months after Haryana government implemented the rules under the Real Estate Regulatory Act (RERA) on July 28, another group of homebuyers of Gurgaon is set to file petition in Punjab and Haryana high court challenging them.
RERA rules are not acceptable to the homebuyers in Gurgaon, as they claim rules have been diluted by the Haryana government to safeguard the interests of developers.
Gaurav Prakash, a homebuyer, said, “We will move a petition against the Haryana government in the high court challenging the dilution of the RERA rules. We will organise a meeting of homebuyers in a day or two to discuss if we should move individually or form a registered body to take up the issue. We will file the petition in a week.”
“Our aim is to ensure that the Haryana government draft RERA rules on the lines of those laid down by the central government. The Centre made it clear as to which developers could come within the ambit of the RERA. However, the Haryana government softened the rules to favour a section of builders. We closely watching movements of affected homebuyers in different states. I believe over 20 cases have been filled in high courts and even groups of builders have challenged the RERA rules in Haryana,” he said.
Earlier, on September 5, Gurgaon Citizens Council (GCC), a city-based organisation had filled petition in high Court challenging the Rera rules. The high court will hear the matter on November 23.
What is unacceptable to the home buyers is that Haryana government notified the rules of RERA inserting a provision, whereby developers who have obtained occupation certificates for their projects will be exempt from mandatory registration with the Rera authority.
GCC president RS Rathee said, “Central RERA exempts developers, who have received a completion certificates prior to the commencement of the act, from registration . Here, in Haryana the rule was softened further as under the said exemption, anyone who has received part CC (completion certificate) or OC or has merely even applied for part CC or OC will be out of the RERA ambit.”
Meanwhile, a pan India entity, Forum for People’s Collective Efforts (FPCE), has been formed by to take this battle forward.
“Supreme Court has directed Bombay High Court to hear and dispose the RERA case within two months. A group of developers have challenged the act in Bombay high court and we had filed impleadment application in the matter on September 29. Bombay High Court has ordered a day to day hearing from October 30. We are awaiting the decision of the high court,” Abhay Upadhyay, president, FPCE, said.