REAT Haryana: The Amended Affordable Housing Policy Cannot Be Applied Retrospectively To Alter The Pre-Existing Agreement
Live LawHaryana Real Estate Appellate Tribunal bench comprising of Justice Rajan Gupta and Anil Kumar Gupta, has held that the Affordable Housing Policy 2019 cannot be applied retrospectively to alter the financial obligations outlined in the pre-existing agreement. After the implementation of the Amended Affordable Housing Policy in 2019, the respondent demanded additional payment for the allocated flat from the appellant, exceeding the amount stipulated under the Affordable Housing Policy of 2013. The Tribunal held that the amended Affordable Housing Policy, 2019 cannot be applied retrospectively to alter the financial obligations outlined in the pre-existing agreement. The Tribunal observed that “the retrospective application of the amendment to the Affordable Housing Policy Amendment of 2019 has impacted the Home buyers, who had already complied with the conditions of the agreement.” In conclusion, the HREAT held that the affordable housing policy cannot be applied retrospectively to alter pre-existing agreements.