Haryana Government Pulled Up For Dilution Of RERA Rules

Edited by "Oineetom Ojah" |  The Property Show on NDTV  |  May 22, 2017

Real Estate (Regulation & Development) Act, RERA, Housing, Haryana Government, Manohar Lal Kattar
Housing MoS to Haryana CM: Do Not Dilute RERA Rules

New Delhi: Minister of State for Housing, Rao Inderjeet Singh has asked the Haryana government not to dilute provisions of the Real Estate (Regulation and Development) Act as this would deprive home buyers of ongoing projects the benefits of this significant piece of legislation framed to protect their interests.

 In a strongly worded letter to Manohar Lal Kattar, Chief Minister of Haryana, the minister said, "It is found that certain provisions of the Draft Rules are not in consonance with the letter and spirit of the parent Act. It would deprive the home buyers of ongoing projects the benefit of this special legislation which was passed by the Parliament to ensure the protection of consumers."

He further said that it is a settled law that subordinate legislation such as Rules, Regulations, and Schemes cannot be in violation of the principal Act and "any such provision inserted in the Rules would be open to legal challenge and liable to be struck down by the courts".

Singh said that the state government was trying to create unnecessary confusion by trying to define ongoing projects, carpet area, common areas and facilities, flat etc. "The term ongoing project has been used only at one single place in the entire Act in the first proviso to section 3(1)….All projects that have received completion certificate prior to the Act coming into force are out of the ambit of the Act. However, those projects that have not received completion certificate as on May 1, 2017, are covered under the Act. Thus, there appears no need to define the term 'ongoing project' in the Rules by the State".

The minister asked the state government to examine these and make necessary modifications prior to notifying the final Rules.

The minister also pulled up the Town and Country Planning Department of Haryana for the delay in notifying the draft Rules and has asked the state government to notify the final Rules soon and set up the Regulatory Authority and the Appellate Tribunal "immediately"  to ensure timely implementation of the Act.

The Haryana government tweaked the definition of ongoing projects exempting several delayed projects from the purview of the Act. This has left the home buyers of Gurgaon, Dwarka Expressway, and Faridabad, the three top property markets of Haryana worried and anxious. 

Home buyers have organised several protests and even submitted a memorandum to the Chief Minister seeking his intervention to prevent any watering down of the provisions of the law. They even organised a "havan", a Hindu ritual of offering prayers to the Lord, seeking divine intervention. 

 

 

Haryana GovernmentHousingManohar Lal KattarReal Estate (Regulation & Development) ActRERA

54 thoughts on “Haryana Government Pulled Up For Dilution Of RERA Rules”

  1. Haryana should implement RERA as legislated by Center.If it is not implemented in BJP rules states this way then it is a shame.Mr Khatter has disappointed Haryana residents in more than one way.Can he imagine our plight that Parsvnath Developers has not delivered the ParsvnathCity project Elite floors apartments in Dharuhera since 8 years.

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  3. It is not under stood thata Govt. self claiming zero tolerence can act like this.The act has not yet been enforced in terms of central Govt. wishes

    Reply

    1. Well said. BJP is working solely for benefit of rich and powerful who funded them election campaigns and Bhagwa terror. In coming days, more such legislations would be passed by BJPee government in all states which will deprive middle class and poor of their rights in favor of rich….Stupids indians deserves this….Suffer suffer and suffer more

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  5. The minister deserves compliments from the home buyers of Haryana for his righly writting to Haryana CM to follow the rules framed by central govt on RERA.I think Haryana babus are misguiding cm for their own motives to favour the builders.Cheated home buyers have to come on roads to foil the nasty designs of haryana babus and Mr Khatter.Even Mr yogi cm UP is implementing RERA as per central govt.

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  10. If CM Haryana cannot implement Central UNDILUTED RERA act oven after instructions from Union Housing Minister, it is shameful for BJP and PM who are breaking the confidence of general public who voted them not only in States but also in the Centre, .PM SHOULD INSTRUCT STATE GOVTs, BOMBAY HIGH COURT ALREADY FAVOURED HOME BUYORS

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