SC Issues Notices To States That Are Yet To Establish RERA

The Real Estate Regulatory Authority (RERA), or the Real Estate Regulatory Authority, was created through the Real Estate (Regulation and Development) Act of 2016. Its main goal is to protect people buying homes and make the real estate market more transparent and responsible. RERA sets rules to control and improve the real estate sector in India. It’s like a set of guidelines that ensure homebuyers are treated fairly and the real estate market works better.

The Supreme Court has sent notifications to Chief Secretaries of Nagaland, Meghalaya, Sikkim, and Ladakh regarding the Lapses of a Real Estate Regulatory Authority (RERA) in their states.

A bench of Justices Mr. Sanjiv Khanna and Mr. SVN Bhatti also asked the Chief Secretaries of Arunachal Pradesh, Meghalaya, Mizoram, Sikkim, West Bengal, and Jammu and Kashmir to file their responses on the current situation as these states have only passed the interim orders to notify the Real Estate Regulatory Authority (RERA).

The Court said “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,” .Further, it also said that “Also respective Chief Secretaries for the States of Arunachal Pradesh, Meghalaya Mizoram, Sikkim and West Bengal, and the Union Territories of Jammu & Kashmir who have passed only interim orders notifying the Real Estate Regulatory Authority (RERA) or are under the process to establish,”.

The court named chief secretaries for the states of Arunachal Pradesh, Meghalaya, Mizoram, Sikkim, West Bengal, and Jammu & Kashmir who have issued temporary orders or are in process. 

The court further stated that within 60 days of the date of serving of this order, the concerned Chief Secretaries shall file affidavits detailing the progress made with regard to the enforcement and implementation of the Real Estate (Regulation and Development) Act, 2016. Further, the matter will be relisted in January next year and additionally, the Solicitor General has provided a chart titled “Real Estate (Regulation & Development) Act, 2016 [RERA] – Implementation Progress Report.” 

All States and Union Territories have notified RERA guidelines except for Nagaland, which is in the process of notifying the rules, 32 states and Union Territories have established real estate regulatory authorities, while 28 states and Union Territories have established the Real Estate Appellate Tribunal. Ladakh, Meghalaya, and Sikkim notified rules but not established authorities. 

According to RERA’s rules, the regulatory agencies of 30 States and Union Territories have made their websites active. The ones in Manipur and Arunachal Pradesh are now being operationalized, though. According to the chart, 77,704 real estate agents and 1,09,308 real estate projects have registered nationwide with RERA. According to the figure, 1,11,222 complaints have been resolved by Real Estate Regulatory Authorities nationwide. 

To sum up, the Real Estate Regulatory Authority (RERA) holds a vital position in shaping India’s real estate scenario. Its purpose is to find a balance between developers and homebuyers by creating clear rules, encouraging responsibility, and offering ways to solve disagreements. The Supreme Court’s active role in overseeing its execution highlights how crucial it is for us to maintain an equitable and transparent real estate industry.