VidhiSangh

Supreme Court of India · 04/05/2021

FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE) & ANR. versus THE STATE OF WEST BENGAL & ANR.

[2021] 5 S.C.R. 613 · 2021 INSC 283

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declared the West Bengal Housing Industry Regulation Act, 2017 unconstitutional for repugnancy to the Real Estate (Regulation and Development) Act, 2016. WB-HIRA substantially copied RERA to establish a parallel regime while omitting material protections for home-buyers, without Presidential assent. RERA’s preservation of complementary laws did not authorize such duplication. The earlier West Bengal 1993 enactment did not revive. Registrations, sanctions and permissions granted before the judgment were protected under Article 142.

Issues

  1. Whether WB-HIRA concerned industries in the State List or contracts and property transfers in the Concurrent List.
  2. Whether substantial duplication of RERA and omission of its safeguards made WB-HIRA repugnant under Article 254.
  3. Whether Sections 88 and 89 of RERA permitted the parallel State regime without Presidential assent.
  4. Whether the earlier State law revived and what protection applied to completed regulatory actions.

Provisions considered

Held

Result

Writ petition allowed; WB-HIRA declared unconstitutional for repugnancy to RERA, without revival of the West Bengal 1993 Act. Registrations, sanctions and permissions granted before 4 May 2021 protected; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 5 S.C.R. 613.