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Section 32G of RERA Act - Summary of Justice Chandrachud Supreme Court Judgment
Main Points and Insights
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Relevance of Section 32G: The provided sources do not explicitly detail the provisions of Section 32G of the RERA Act. However, Justice Chandrachud's judgments often emphasize the primacy of RERA over conflicting state laws and the importance of uniformity in real estate regulation. (General context from sources FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - Supreme Court, IREO GRACE REALTECH PVT. LTD VS ABHISHEK KHANNA - Supreme Court)
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Supremacy of RERA: The Supreme Court, with Justice Chandrachud, has consistently held that the RERA Act overrides state laws and previous legislation, implying that provisions like Section 32G, if inconsistent, would be rendered subordinate or impliedly repealed upon RERA's enactment. For example, the judgment in FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - Supreme Court states that laws like WB-HIRA are repugnant to RERA and hence unconstitutional.
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Jurisdiction and Consumer Rights: Several sources (IREO GRACE REALTECH PVT. LTD VS ABHISHEK KHANNA - Supreme Court, M/S. HUBTOWN LTD. & ANR. vs VIMAL BHANNUDAS VARAK - Consumer National, M/S. HUBTOWN LTD. & ANR. vs VIMAL BHANNUDAS VARAK - Consumer National) highlight the Court's stance that consumer protections under the Consumer Protection Act remain intact despite the enactment of RERA. Justice Chandrachud has emphasized that consumer forums retain jurisdiction to adjudicate complaints related to real estate services, including under schemes like Slum Rehabilitation, regardless of other laws.
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Legal Hierarchy and Repeal: The Court has clarified that specific provisions or laws conflicting with RERA are impliedly repealed or stand overridden, as seen in FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - Supreme Court, which discusses the implied repeal of state legislation like WB-HIRA upon RERA’s enforcement.
Analysis and Conclusion
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Implication for Section 32G: While not explicitly discussed in the provided sources, based on Justice Chandrachud's jurisprudence, Section 32G of RERA likely pertains to specific regulatory or enforcement mechanisms within RERA. Given the Court's consistent stance, any conflicting state provisions or earlier laws would be subordinate to RERA, and provisions like Section 32G would be interpreted within the overarching framework of RERA's supremacy.
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Judicial Approach: Justice Chandrachud's judgments underscore the importance of a uniform regulatory regime under RERA, emphasizing that all state laws inconsistent with RERA are impliedly repealed, ensuring the Act's effectiveness and uniformity in real estate regulation.
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Main Takeaway: The Supreme Court, through Justice Chandrachud, affirms the primacy of RERA over other laws and emphasizes that provisions like Section 32G should be interpreted within this framework, ensuring that prior registrations, sanctions, and permissions granted under repealed or conflicting laws remain valid unless explicitly overridden.
References:
- FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) VS STATE OF WEST BENGAL - Supreme Court: Discusses the implied repeal of state legislation like WB-HIRA upon RERA's enforcement.
- IREO GRACE REALTECH PVT. LTD VS ABHISHEK KHANNA - Supreme Court: Addresses the primacy of RERA over other laws and consumer rights.
- LODHA BELMONDO HSG. FEDERATION LTD. THR ITS CHIEF PROMOTER vs THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS - Bombay, M/S. HUBTOWN LTD. & ANR. vs VIMAL BHANNUDAS VARAK - Consumer National, and related sources: Highlight judicial stance on jurisdiction, repeals, and consumer protection within the context of real estate laws.
Search Results for "Section 32 G of Rera Act Justice Chandrachud Supreme Court Judgment"
2021 0 Supreme(SC) 294 • India - Supreme Court
D.Y.CHANDRACHUD, M.R.SHAH
will not affect registrations, sanctions and permissions previously granted under legislation prior to the date of this judgment ... of WB 1993 Act, since it would stand impliedly repealed upon the enactment of the RERA - Since its enforcement in State of West ... have come to the conclusion that WB-HIRA is repugnant to RERA, and is hence unconstitutional - Court also hold and declare that ... JUDGMENT : Dr. Justice Dhananjaya Y. Chandrachud, J. .......
2024 Supreme(Online)(Bom) 6727 • India - High Court of Bombay
Sharmila U. Deshmukh, J
Section 154 of MCS Act before Respondent No.1 came to be dismissed by the impugned judgment and order dated 11th July 2023. 4. ... Chandrachud that no other Act are required to be looked by drawing attention to Section 9 of MCS Act, which after the 1986 amendment, provides for compliance of the other laws for the time being in force. ... Sudhir Kumar Singh (supra), in the context of violation of the principles of natural justice, the Apex ....
2021 0 Supreme(SC) 12 • India - Supreme Court
D. Y. CHANDRACHUD, INDU MALHOTRA, INDIRA BANERJEE
The present batch of Appeals has been filed by the Appellant-Developer, to challenge the judgment passed by the National Consumer ... Whether the provisions of the Real Estate (Regulation and Development) Act, 2016 ("RERA Act") must be given primacy over the Consumer ... Protection Act, 1986;(4) Whether on account of the inordinate delay in handing over possession, the Apartment Buyers were entitled ... The absence of a bar under Section 79 of the RERA Act#H....
• India - Consumer
R. K. AGRAWAL, S. M. KANTIKAR
Consumer Protection Act, 1986 —S.21(b) [Consumer Protection Act, 2019 – S.58(1)(b)] – Revision against order ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Court, of which one of us (Justice DY Chandrachud) was a part. ... We find it a fit case to place reliance upon the judgment passed by the Hon’ble Supreme Court in the case of Pioneer Urban Land and Infrastructure Ltd. Vs. ... held as under”— “The judgment#....
2022 Supreme(Online)(NCDRC) 489 • India - National Consumer Disputes Redressal Commission
R.K. AGRAWAL, S.M. KANTIKAR, JJ
(A) Consumer Protection Act, 1986 - Section 21(b) - Slum Rehabilitation Scheme - Complaints against developer regarding delivery ... (Paras 11, 18) ... ... (C) Jurisdiction of Consumer Forums - Sections of Maharashtra Slum Act ... do not exclude jurisdiction of Consumer Forums; consumers can seek redress under the Consumer Protection Act simultaneously. ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Court, of which one of us (Justice DY ....
2022 Supreme(Online)(NCDRC) 498 • India - National Consumer Disputes Redressal Commission
R.K. AGRAWAL, PRESIDENT, DR. S.M. KANTIKAR, MEMBER
(A) Consumer Protection Act, 1986 - Section 2(1)(d) - Slum Rehabilitation Scheme - The present batch of Revision Petitions against ... Adjudicating authorities affirmed jurisdiction of Consumer Forums to address complaints despite Section 42 of Maharashtra Slum Act ... , 1971 - reveals that consumers can pursue additional remedies under Consumer Protection Act irrespective of contractual obligations ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Court, of w....
2022 Supreme(Online)(NCDRC) 490 • India - National Consumer Disputes Redressal Commission
R.K. AGRAWAL, PRESIDENT, DR. S.M. KANTIKAR, MEMBER
(A) Consumer Protection Act, 1986 - Section 21(b) - Slum Rehabilitation Scheme - Petitioners sought to overturn consumer forum decisions ... rejected; the act of vacating land was a consideration - Jurisdiction of civil courts not barred as per Section 42 of the Maharashtra ... housing to slum dwellers - Consumer forums can adjudicate on matters concerning service deficiencies even under government schemes - Court ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Cour....
2022 Supreme(Online)(NCDRC) 495 • India - National Consumer Disputes Redressal Commission
MR. R.K. AGRAWAL, President, DR. S.M. KANTIKAR, Member
(A) Consumer Protection Act, 1986 - Section 2(1)(d) - Jurisdiction of Consumer Fora affirmed - Orders from State Commission upheld ... provide timely alternative housing - Petitioners' claims of lack of consumer status and jurisdictional bar by Maharashtra Slum Act ... ... ... Findings of Court: ... The Consumer Fora found the developers deficient in service due to non-delivery of promised flats ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Court, of which one of us (#HL....
2022 Supreme(Online)(NCDRC) 492 • India - National Consumer Disputes Redressal Commission
MR. R.K. AGRAWAL, PRESIDENT, DR. S.M. KANTIKAR, MEMBER
(A) Consumer Protection Act, 1986 - Section 2(1)(d) and Section 21(b) - Jurisdiction of Consumer Fora - A common order dismissed ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Court, of which one of us (Justice DY Chandrachud) was a part. ... We find it a fit case to place reliance upon the judgment passed by the Hon’ble Supreme Court in the case of Pioneer Urban Land and Infrastructure Ltd. Vs. ... the....
2022 Supreme(Online)(NCDRC) 501 • India - National Consumer Disputes Redressal Commission
R.K. AGRAWAL, PRESIDENT, S.M. KANTIKAR, MEMBER
(A) Consumer Protection Act, 1986 - Section 2(1)(d) and Section 21(b) - Slum Rehabilitation Scheme - Complainants alleged failure ... that Complainants are not consumers as no monetary consideration was exchanged for services, citing lack of jurisdiction under Section ... (Paras 21-23) ... ... (C) Jurisdiction of Consumer Fora - The court upheld the jurisdiction of ... Abhishek Khanna – 2021 SCC ONLINE SC 277 by a three-judge Bench of this Court, of which one of us (Justice....
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