Bombay HC Upholds Validity Of Real Estate (Regulation And Development) Act [Read Judgment]
7 years, 3 months ago

Bombay HC Upholds Validity Of Real Estate (Regulation And Development) Act [Read Judgment]

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In a huge relief to thousands of home buyers, the Bombay High Court has upheld the constitutional validity of the Real Estate Act.A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties in the matter and upheld the provisions of the new Act that came into effect on May 1, 2017.The Supreme Court had earlier directed. In a huge relief to thousands of home buyers, the Bombay High Court has upheld the constitutional validity of the Real Estate Act. Petitioners had challenged Section 3, 5, 7, 8, 11, 14, 15, 16, 18, 22, 43,59,60,61,63 and 64 of the Real Estate Act, 2016 and Rules 3, 4,5,6,7,8,18,19, 20 and 21 of the Registration of real estate projects, Registration of real estate agents, rates of interest and disclosures on website) Rules, 2017. These provisions, therefore, cannot be said to be violative of Articles 14, 19, 20 and 300-A of the Constitution of India.” Thus, the Court said- “We hold that challenge to constitutional validity of first proviso to Section 3, Section 3, explanation to Section 3, Section 4, Section 4, Section 5 and the first proviso to Section 6, Sections 7, 8, 18, 22, 38, 40, 59, 60, 61, 63, 64 of the Real Estate Act, 2016 fails.

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