The housing and urban development ministry has decided to move the Supreme Court for clubbing of all cases relating the Real Estate (Regulation & Development) Act (RERA), which have been filed in different high courts, so that these can be decided by one court. These petitions have challenged the constitutional validity of the law.
The ministry has proposed to the law ministry to move the transfer petition case in the SC considering that in all these cases, the petitioners (builders and developers) have challenged the law's constitutional validity.
This was submitted before the Bombay HC's Nagpur bench on Monday. A bunch of cases came up for hearing both at the Nagpur bench and the Madhya Pradesh HC.
Monday was last day for registration of new projects
These cases have been posted for hearing after four weeks.
The builders' main contention is that the provision of bringing all "ongoing projects" under RERA have retrospective effect since the projects were started when there was no such law, and hence the law is illegal.