NEW DELHI: Home buyers’group Noida Extension Flat Owners Welfare Association (Nefowa) has challenged the real estate regulatory Act (RERA) rules notified by the Uttar Pradesh government in the Allahabad High Court.
Filing a writ petiton in the court today, home buyers claimed the diluted RERA rules will impact their interest and need to be in line with the rules framed by the Centre.
“About 2.5 lakh home buyers are facing project delays in Noida and Greater Noida alone. If the new RERA law is not able to give them any relief, it will be cheating with them,” said Abhishek Kumar, president, Nefowa.
Uttar Pradesh was among the first states to have notified the RERA rules. However, few of the important clauses in the rules were diluted. Uttar Pradesh gave new definition of ongoing projects and common areas, while diluting the penalty clauses.
Chief minister of Uttar Pradesh Yogi Adityanath had also assured home buyers that he will notify fresh RERA rules for Uttar Pradesh in line with central rule. However, home buyers claim the rules notified by the UP government is in no way different.
“Home buyers are very disappointed with the pro-builder RERA rules notified by the state government. Those home buyers who have been fighting for their delayed projects for so many years will be badly affected,” said Kumar.
Another 21 petitions challenging the constitutional validity of RERA are already pending across several courts in the country.
The Supreme Court on September 4 transferred all pending cases across various high courts challenging the validity of RERA to Bombay High Court on a plea by the Centre. The court also laid down a two-month timeline for the matter to be decided.
The Real Estate (Regulation & Development) Act, 2016 came into full force from May 1 this year and builders had time till July 31 to register their new and ongoing projects with their respective state RERAs.
However, considering many states have either notified their rules in July itself or are yet to notify them and the amount of documents needed to register a project, majority of the ongoing projects still remains to be registered.
Source : ET Realty