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The Supreme Court of India has taken a stern stance on the delayed establishment of the Real Estate Regulatory Authority (RERA) in certain states and union territories, issuing notices to chief secretaries to explain the lack of progress. A bench comprising Justices Sanjiv Khanna and SVN Bhatti has demanded responses from the chief secretaries of Nagaland, Meghalaya, Sikkim, and the Union Territory of Ladakh regarding their failure to set up the RERA.
The court's move comes after it came to light that several regions have either not yet established the RERA or have only passed interim orders to notify its establishment. The chief secretaries of Arunachal Pradesh, Meghalaya, Mizoram, Sikkim, West Bengal, and the Union Territory of Jammu and Kashmir have also been summoned to submit their explanations about the current status of RERA implementation in their respective regions.
In an official statement, the court emphasized, "In view of the aforesaid summary/chart, we deem it appropriate to issue notice to the respective Chief Secretaries for the States of Nagaland, Meghalaya, and Sikkim, and the Union Territory of Ladakh, who have yet to notify the RERA Rules or have notified the RERA Rules but are yet to establish the Real Estate Regulatory Authority."
Furthermore, the court highlighted that affidavits detailing the progress made in enforcing and implementing the Real Estate (Regulation and Development) Act, 2016, must be submitted by the concerned chief secretaries within 60 days of the order's service date. The matter has been relisted for further consideration in January of the following year.
The Additional Solicitor General presented a comprehensive chart displaying the "Real Estate (Regulation & Development) Act, 2016 (RERA) Implementation Progress Report." According to the chart, all states and union territories have notified rules under RERA, except for Nagaland, which is in the process of doing so. While 32 regions have established the Real Estate Regulatory Authority, Ladakh, Meghalaya, and Sikkim have notified the rules but are yet to establish the authority.
Meanwhile, 28 states and union territories have set up a Real Estate Appellate Tribunal. The chart also indicated that several states, including Arunachal Pradesh, Jammu and Kashmir, Ladakh, Meghalaya, Mizoram, Sikkim, and West Bengal, are in the process of establishing these entities.
In terms of online presence, regulatory authorities in 30 states and union territories have operationalized their websites under the provisions of RERA. However, Arunachal Pradesh and Manipur are still in the process of making their websites operational.
The chart further revealed substantial engagement with RERA, with 1,09,308 real estate projects and 77,704 real estate agents registered across the country. Moreover, a total of 1,11,222 complaints have been resolved by Real Estate Regulatory Authorities nationwide, showcasing the importance and impact of the regulatory framework.
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