NEELKAMAL REALTORS SUBURBAN PVT. LTD. AND ANR. Vs. UNION OF INDIA AND ORS.
LAWS(BOM)-2017-12-327
HIGH COURT OF BOMBAY
Decided on December 06,2017

Neelkamal Realtors Suburban Pvt. Ltd. And Anr. Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

Naresh H. Patil, J. - (1.) Rule. Rule made returnable forthwith. Heard finally.
(2.) The Apex Court by an order dated 4th September, 2017, in Transfer Petition (Civil) Nos. 1448 - 1456 of 2017, passed following order:- "For the present we feel that it would be appropriate to direct the High Court of Judicature at Bombay to take up the matters i.e. W.P. (L) Nos. 1967, 2010, 2011, 2023, 1965, 2034, 4419, 4692 and 19157 of 2017 along with other connected matters, if any, pending in the High Court, together. We request the Chief Justice of the High Court of Bombay to assign the cases to a particular Bench for expeditious decisions of the matters. Let matters be decided with two months. Consequently the Transfer Petitions are disposed of."
(3.) In this batch of Writ Petitions, petitioners had challenged legality and constitutional validity of certain provisions of the Real Estate (Regulation and Development) Act, 2016 (for short " the RERA") as being violative of the provisions of Articles 14, 19(1)(g), 20 and 300-A of the Constitution of India. The petitioners prayed for a declaration that the first proviso to Section 3 (1), Section 3 (2)(a) and (c), Explanation to Section 3, Sections 4(2)(c) and 4(2) (d) (e) (f) (g) (k), Sections 4 (2) (l) (C) and 4 (2) (l) (D), Sections 5(1)(b), 5 (3) and the first proviso to Section 6 of the RERA are unconstitutional, illegal, ultra vires, without jurisdiction and without authority of law. The petitioners have also challenged validity of provisions of Sections 4, 5, 7, 8, 11 (h), 14 (3), 15, 16, 18, 22, proviso to Section 27(1)(a), Section 40, proviso to Section 43(5), proviso to Section 50(1)(a), Sections 53(1) and 53(3), 46, 59, 60, 61, 63, 64 and Section 82 of the RERA and Rules 3 (f), 4, 5, 6, 7, 8, 18, 19, 20, 21 of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 (for short "the Maharashtra Rules of 2017").;


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