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SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision

Nitish Kashyap
4 Sep 2017 3:31 PM GMT
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The Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate (Regulation and Development) Act.

The bench of Justice Arun Mishra and Justice MM Shantanagoudar directed other high courts where similar pleas against the legislation have been filed to wait for the Bombay High Court’s decision in the matter.

The bench was hearing the Centre’s application seeking transfer of all RERA-related matters from different high courts either to the apex court or to one high court.

Attorney General KK Venugopal submitted that 21 petitions filed in high courts of Karnataka, Bombay and Madhya Pradesh challenge the new real estate legislation. To avoid multiple litigations on the same issue, the Centre sought transfer.

Earlier, a bench headed by Justice Anoop Mohta had asked the Centre to file an affidavit in reply on the challenge to provisions of the RERA by developer’s DB Realty and Neelkamnal Realtors before the Bombay High Court.

After ASG Anil Singh informed the bench of the Centre’s plan to move the Supreme Court seeking transfer of all RERA-related cases, the court adjourned the matter.

With this, the Bombay High Court is set to decide the validity of this real estate legislation.

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