News: HC asks Haryana, Punjab & UT if statedeveloped projects can be under RERA-08-06-2022
HC has passed these orders while observing that several cases being filed by the people from these states conveyed their grouse against the nonfulfilment of promises made by the state agencies in developing various housing projects.
CHANDIGARH: The Punjab and Haryana high court has asked Punjab, Haryana and UT Chandigar h to explain why the housing projects developed by state agencies/boards should not be brought under the purview of Real Estate Regulatory Authority (Rera).
HC has passed these orders while observing that several cases being filed by the people from these states conveyed their grouse against the non-fulfilment of promises made by the state agencies in developing various housing projects.
As of now, only the housing projects developed by various private agencies in the realty sector are to be mandatorily registered under the RERA.
“We consider it appropriate to issue notice in this petition to the respondents and also to implead all state authorities as have been constituted in the states of Punjab, Haryana and UT Chandigarh, to seek their response as to why, in respect of ongoing projects (i.e. “not completed projects”) in terms of Section 3 of the Real Estate (Regulation and
Development) Act, 2016, the concerned state bodies (in terms of Article 12 of the Constitution of India) are not getting their projects registered with the Real Estate Regulatory Authority concerned,” the HC has ordered.
Division bench comprising Justice Amol Rattan Singh and Justice Lalit Batra passed these orders while hearing a plea filed by Anil Kumar Yadav and others from Jalandhar. They had sought directions to the Jalandhar Improvement Trust to hand over possession of developed plots to the petitioners in pursuance of the development scheme — Surya Enclave, as were allotted to them in 2011. In the alternative, they are seeking a refund of the amount deposited by them along with interest.
After hearing the matter, the bench observed that such petitions are coming up on a daily basis in huge numbers before this court. “Consequently, we consider it appropriate to take up this petition, exercising jurisdiction under Articles 226/227 of the Constitution of India, to get the response of all authorities concerned, in both the states of Punjab and Haryana, as also the Union Territory, Chandigarh, on this,” observed the HC.The case has now been fixed for July 8 for further hearing.
The HC has now asked the Punjab and the Haryana additional chief secretary/principal secretary, departments of town and country planning and urban development and the Chandigarh administration secretary, housing and development, to file their respective affidavits giving therein the lists of all such agencies/authorities created by the states and the UT, like the Greater Mohali Area Development Authority, Greater Ludhiana Area Development Authority, Patiala Development Authority, Amritsar Development Authority, Jalandhar Development Authority, Haryana Shahari Vikas Pradhikaran, Housing Board Haryana and Chandigarh Housing Board among others with all the improvement trusts in Punjab and Haryana that are into construction of housing projects.
