GURUGRAM: A citizens’ group from the city, called
Undiluted Rera, has moved the
Punjab and Haryana high court, seeking changes in the Haryana Real Estate Regulation Act (
H-Rera). The group contends the state government has diluted the central
Rera rules to safeguard the interest of developers by changing the definition of an ‘ongoing’ project.
While the central act defines a project with completion certificate as complete, the state rules require the developers to only have occupation certificates for their projects in order to stay outside the purview of the Real Estate Regulatory Authority.
The writ petition was admitted on February 20 by the court of Justice Anupinder Singh Grewal. “We have prayed to make H-Rera rules compliant with the central Rera Act by, among other things, striking down the definition of ‘ongoing projects’ in the state act,” Harinder Pal Singh, the main petitioner, told TOI on Saturday.
Gaurav Prakash, another petitioner, said, “This petition, apart from challenging various provisions of the H-Rera rules, also targets the Haryana Building Code, 2017, (amended) as it contains a concept of ‘deemed occupancy certification’ which has primarily been utilised by builders to esc-ape from the clutches of the Rera Act.”
The aspects of occupancy and completion certificates, and issues regarding their interchangeability have been adequately addressed in the writ petition, Prakash added.
The homebuyers have also pointed out in their peition that Real Estate Regulatory Authority isn’t fully functional in the state yet and its website isn’t live either. “We are unsure what to expect from Rera with regards to the old projects which are yet to be ready. What will be the compensation model and timeframe for this process. The delay in start of the functioning of the authority harms common homebuyers,” said N Venkataraman, another petitioner. This petition has been tagged with another existing writ filed by Gurugram Citizens’ Council, a city-based residents’ body.
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