Instruct the states to either amend their real estate regulation rules or re-notify them, a parliamentary panel has recommended the housing and urban affairs ministry taking note of many states have diluted the rules in favour of builders.
The Committee on Subordinate Legislation has said, “While recognizing that each state have their respective development laws, sanctioning procedures, and other land related unique issues, the committee recommend that the ministry should strictly instruct the states to either amend their Rules or re-notify them in line with the letter and spirit of the Act.”
The panel has also mentioned that the real estate regulation law has an overriding effect on conflicting laws being made by some states and the Central government has the power to amend, vary, repeal any state law which has previously received Presidential assent. On this basis the ministry has repealed the Maharashtra Housing (Regulation & Development) Act of 2012.
It has asked the ministry to apprise it of the action taken on this recommendation as the legislation is going to have a great impact on real estate sector.
Expressing its concern over the states including Uttar Pradesh, Haryana and Gujarat have excluded ongoing projects, the panel has asked the government to ensure the law is applied uniformly. Taking note of builders giving partial completion certificates and handing over flats to buyers, the panel has asked the government to take remedial measures and severely deal with the violators by invoking the penal provision of RERA for ensuring timely completion of projects.
The committee has observed that any delay in framing of real estate regulation rules will have the effect of depriving public their legitimate rights. It has asked the ministry to monitor the progress made by states regularly and ensure that all the states concerned frame and implement the rules.