West Bengal Housing Industry Regulation Act, 2017 held unconstitutional by Supreme Court

A bench of justice DY Chandrachud and MR Shah held that the West Bengal Housing Industry Regulation (WBHIR) Act, 2017 conflicts with the Real Estate (Regulation and Development) Act,2016. Both the statues are the same and refer to the same entry in the concurrent list.

WBHIRA doesn’t complement RERA rather it is copied word to word from RERA, which is unconstitutional. The State can’t make their parallel law when parliament has already enacted a law on a subject matter. The State can’t make a similar law. It can’t encroach in the domain of the parliament

According to Article 254(2) state can make laws on concurrent list subject and it can survive over Central law on the same subject but such state laws need the assent of the president. The assent of the president was not obtained in this case.

The court also clarified that before the delivery of this judgement all the permission granted under WBHIRA will remain as it is. The struck down of this law will not affect the permissions granted prior.

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