JUDGMENT :

Dr. Justice Dhananjaya Y. Chandrachud, J.

A The challenge

B Legislative history

C RERA - the legislative process

D Salient features - RERA

E Salient provisions of WB-HIRA

F RERA and WB-HIRA - provisions at variance

G Submissions

G.1 For the petitioners

G.2 For the Union of India

G.3 For the State of West Bengal

H Analysis

H.1 Entry 24, List II - West Bengal’s ‘housing industry’ defense

H.2 The Constitutional Scheme of Article 254 and repugnancy

H.3 Repugnancy - RERA and WB-HIRA

H.3.1 Meaning of “is in addition to and not in derogation of any other law”

H.3.2 Meaning of “law for the time being in force”

B Legislative history

A. The challenge

1. The constitutional validity of the West Bengal Housing Industry Regulation Act, 2017 (“WB-HIRA”/the “State enactment”) is challenged in a petition under Article 32. The basis of the challenge is that:

(i) Both WB-HIRA and a Parliamentary enactment - the Real Estate (Regulation and Development) Act, 2016 (“RERA”/the “Central enactment”) are relatable to the legislative subjects contained in Entries 6 and 7 of the Concurrent List (interchangeably referred to as ‘List III’) of the Seventh Schedule to the Constitution;

(ii) WB-HIRA has