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2023 Supreme(Online)(SC) 20937
SUPREME COURT
Sanjiv Khanna, S. V. N. Bhatti, JJ.
Pioneer Urban Land and Infrastructure Limited v. Union of India
Mis. Appln. No. 2561 of 2019, W. P. (C) No. 43 of 2019
The court emphasizes the need for compliance with the Real Estate (Regulation and Development) Act, ensuring establishment of regulatory authorities where applicable.
Headnote:The judgment reviews the progress of implementation of the Real Estate (Regulation and Development) Act, 2016 (RERA) across various states and UTs. The court issues notices to states yet to establish regulatory authorities or notify rules. Affidavits from Chief Secretaries are required within 60 days to report progress. The matter is to be relisted for further consideration in January 2024.
| Table of Content |
|---|
| 1. summary of rera implementation across states. (Para 1) |
| 2. issuance of notice to states for rera compliance. (Para 2) |
| 3. affidavits to report on rera implementation. (Para 3) |
| 4. date set for further hearing in january 2024. (Para 4) |
1. Learned Additional Solicitor General has submitted a chart with the heading "Real Estate (Regulation & Development) Act, 2016 [RERA] - Implementation Progress Report". The summary thereof, as stated in the chart, is as under: -
"Summary:
* All States / UTs have notified rules under RERA except Nagaland, which is under process to notify the rules.
* 32 States / UTs have set up Real Estate Regulatory Authority (Regular - 27, Interim - 05). Ladakh, Meghalaya and Sikkim have notified the rules while yet to establish Authority.
* 28 States / UTs have set up Real Estate Appellate Tribunal (Regular - 24, Interim - 04). (Arunachal Pradesh, Jammu & Kashmir, Ladakh, Meghalaya, Mizoram, Sikkim and West Bengal are under process to establish).
* Regulatory Authorities of 30 States / UTs have operationalized their websites under the provisions of RERA. (Arunachal Pradesh and Manipur are under process to operationalize).
* 1,09,308 Real Estate Projects and 77,704 Real Estate Agents have registered under RERA across the country.
* 1,11,222 Complaints have been disposed - off by the Real Estate Regulatory Authorities across the country."
2. In view of the aforesaid summary / chart, we deem it appropriate to issue notice to the respective Chief Secretaries for the States of Nagaland, Meghalaya and Sikkim, and the Union Territory of Ladakh, who have yet to notify the RERA Rules or have notified the RERA Rules but are yet to establish the Real Estate Regulatory Authority, and respective Chief Secretaries for the States of Arunachal Pradesh, Megahalaya, Mizoram, Sikkim and West Bengal, and the Union Territories of Jammu & Kashmir and Ladakh, who have passed only interim orders notifying the Real Estate Regulatory Authority or are under process to establish.
3. Affidavits would be filed by the concerned Chief Secretaries indicating the progress made with regard to enforcement and implementation of the Real Estate (Regulation and Development) Act, 2016 , within a period of 60 days from the date of service of this order.
4. Re - list in the month of January 2024.
