New Delhi: The Supreme Court Monday directed the Centre to examine whether the rules framed by various states under Real Estate Regulatory Authority (RERA) are in conformity and subserve the interest of home buyers.
A bench of Justices D Y Chandrachud and Surya Kant gave three months to the Centre to examine if there are any deviations in the rules framed by the states to the rules framed by the Centre in 2016 and to place the report by first week of May, 2022.
The bench appointed advocate Devashish Bharuka as amicus curiae in the plea by advocate Ashwini Upadhyay seeking implementation of builder-buyer agreement to safeguard the interest of home buyers and requested him to assist the Union Ministry of Housing and Urban Affairs to examine the rules framed by the states. The top court noted that the central government shared the draft 'agreement for sale' in 2016 after the enactment of RERA with all the states and Union Territories and currently West Bengal, Jammu and Kashmir and some noth-eastern states are yet to notify the rules.
At the present stage, it is necessary for the court to be apprised whether the rules which have been framed by the states contain the essential norms which have been adopted by the Union government under the rules of 2016 and whether there is any deviation, which would not sub serve the interest of buyers, the bench said.
It added, We direct that this exercise be carried out at central level by the Union Ministry of Housing and Urban Affairs which shall scrutinize the states' rules and place a report before this court on whether they comply with the sub-stratum of the rules, which have been framed by the Union Government. We also request advocate Devashish Bharuka to assist this court as amicus curiae. Bharuka shall also assist in carrying out this exercise.
It said this exercise shall be completed by the first week of May this year.
At the outset, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said the rules have been framed by the central government and many states have notified them with some changes keeping in mind the local conditions.
The bench agreed that there may be some local conditions which need to be taken care of by the states but most of the rules should be in compliance with the Centre's draft rules of 2016.