The Committee on Subordinate Legislation, or COSL, of Rajya Sabha has written to PM Modi and Union Minister of Urban Development & Poverty Alleviation Venkaiah Naidu to look into the matter of dilution of Real Estate (Regulation & Development) Act (RERA) rules by the state governments in favour of realty developers.
A pan-India homebuyers’ body `Fight for RERA’ had sought intervention of COSL of both the houses to ensure that the final rules are framed and implemented by states within the ambit of RERA. After the Act was notified on May 1, 2016, all the states were required to notify final rules within six months. So far Gujarat, Uttar Pradesh, Madhya Pradesh and Orissa have finalised their rules, while Rajasthan, Karnataka, West Bengal, Maharashtra & Tamil Nadu have framed their draft rules.
According to Fight For RERA, all these states have diluted the central law in favour of developers and therefore, had sought COSL’s intervention to put a stop to this.The organisation has also written separately to the Prime Minister, Union Minister of Housing, Union Minister of Urban Development and Poverty Alleviation and also to the chief ministers of UP, Haryana and Gujarat to highlight such dilution of rules. Ministry of housing & urban poverty alleviation had notified the final rules for the five union territories witho ut legislators by Oct 31. The se are seen as undiluted and were expected to be a model for other states.
“We brought the matter re garding dilution of real es’ tate (RERA) rules by states to the notice of the Commit tee on Parliamentary Legis lation (COSL). Understan ding the gravity and serious implications, the commit tee has taken note of our re presentation and has initia ted action to ensure accountability.
“This has once again raised expectations among homebuyers that states which diluted real estate rules will have to revoke such ultra vires rules & notify afresh real estate rules in line with rules notified by Ministry of HUPA for Union Territories without Legislature,“ said Abhay Upadhyay, national convenor, Fight For RERA.COSL of Lok Sabha, according to Upadhyay, has also taken a cognizance of the situation and has called for a meeting with ministry of HUPA on April 12, to discuss the matter further.
Fight for RERA hopes the matter will be taken up to ensure that the benefits of the new act aimed at protecting homebuyers across the country actually results in offering justice to suffering homebuyers.
According to Upadhyay, homebuyers can now expect implementation of uniform and stringent RERA in letter and spirit across India. The action of COSL is expected to give fillip to the confidence of homebuyers in the democratic set-up.