FedAOA files PIL against UP government's lax attitude towards RERA

A Public Interest Litigation (PIL) has been filed against the UP government’s inaction and lax attitude towards forming the Real Estate Regulatory Authority and the Real Estate Appellate Tribunal for application of the Real Estate Regulatory Act, 2016 (RERA). The PIL has been filed at the Allahabad High Court under the aegis of FedAOA, the apex body of of Apartment Owner’s Associations in Ghaziabad.

Speaking to City Spidey, Alok Kumar, the patron of FedAOA, said according to the provisions of RERA 2016, the authority was supposed to be formed by April 27 of this year, a year from the date of its notification on April 26, 2016.

Kumar further said the absence of the authority has also rendered the Act and its rules useless. “What is the point of making rules if there is no proper body to apply and execute them?” asked Kumar.

Sections 20(1) and 43(4) of RERA mandates the state government to form the authority within a period of one year from the date of notification of the Act.

The first set of UP Real Estate Rules derived from RERA was notified by the state government in October 27, 2016, which was followed by the notification of a second set of rules, notified on May 1, 2017. Although rules covering all the provisions of the Act were passed in almost one year, the authority is yet to be formed.

Apart from this, the state government was also supposed to set up a website bearing the details of all real estate projects that would be accessible to the general public.

We had also sent letters addressed to the government," said Kumar. "But they failed to draw any response. Thus a PIL had to be filed. Now the government will have to respond to the court’s queries."

The petitioners have asked the court to issue an order directing the government to constitute the Real Estate Regulatory Authority and the Real estate Appellate Tribunal in accordance with the provisions of RERA.