There has always been a delay in the implementation of laws in Indian states when they have been enacted by the union legislature. The factors causing this disharmony between the centre and the state are various- lack of firm enforcement by the centre, bureaucratic red tape, and sometimes deliberate attempt to disregard the central government courtesy of political party mentality. The more recent act to be caught in this debacle is the Real Estate Regulation and Development act, 2016 . This act was passed in 15th March, 2016 by bothered the houses of the legislature, and was to be enacted countrywide by the 1st of May, 2016.
The said act was proposed in the Rajya Sabha in order to reduce the number of lawsuits and disagreements in the ever volatile matter of real estate development. For the purpose of protecting consumers from fraud and other malpractices by development firms, an official body was to be formed, namely Real Estate Regulatory Authority (RERA). This governmental authority was to be established in order to exclusively deal with legal concerns arising from the buying , selling, renting and leasing of real estate. Naturally, for such an organization to function, some form of registration was to be required. This was addressed as the act called for every real estate development firm to register with this authority, as well as to register any ongoing and future real estate development projects. The primary task of this authority was to prevent, or at least provide a leeway for speedy recovery in case of a legal dispute.
The hurdle in the functioning of the committee is not only the unwillingness of development firms to register with the body, but also the inaction of state governments to compel the former to do so. An effective implementation of such an act is an immense boon to the current consumers and potential homeowners. However, in its current state, the act is nothing but another entry in a long list of ineffective acts the government has passed, but failed to enforce.
A tiny sliver of hope is retained by the fact that states such as Maharashtra, Madhya Pradesh and Karnataka have been enthusiastic in accepting this change. A majority of states, however, if not none, watered down versions of this act that serve little to no purpose.
Courtesy/By: Utkarsh Yadav
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20 Aug 2018
