Supreme Court of India · 2021-05-04
FORUM FOR PEOPLES COLLECTIVE EFFORTS (FPCE) vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 2019/2356
- Court
- Supreme Court of India
- Petitioner
- FORUM FOR PEOPLES COLLECTIVE EFFORTS (FPCE)
- Respondent
- THE STATE OF WEST BENGAL
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court examined the constitutional validity of the West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA) in light of the Real Estate (Regulation and Development) Act, 2016 (RERA). The court found that WB-HIRA was not reserved for Presidential assent and contained provisions inconsistent with RERA, leading to a determination of repugnancy under Article 254 of the Constitution. Consequently, the court ruled that WB-HIRA was unconstitutional and invalidated its provisions.