The Gauhati High Court has observed that the state government has made all endeavour to implement the provisions of the Real Estate (Regulation and Development) Act, 2016 and the Real Estate (Regulation And Development) Rules, 2017 in its true letter and spirit.
The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia disposed of a Public interest litigation (PIL) filed prayed for the following reliefs:
(i) Set up and operationalise a website for the Assam Real Estate Regulatory Authority and/or;
(ii) To maintain proper records of information pertaining to applications for registration of real estate projects by promoters and registration of real estate agents and/or;
(iii) Expeditiously dispose of pending complaint cases in strict accordance to the provisions of the Real Estate(Regulation and Development) Act, 2016 and/or;
(iv) Frame suitable regulations by the Assam Real Estate Regulatory Authority and respondents concerned as per Section 85 read with Section 86(2) of the Real Estate(Regulation and Development) Act, 2016 in a time bound manner and/or;Upon cause/causes that may be shown, after hearing the parties and upon perusal of the records, be pleased to make the Rule absolute and/or pass any other appropriate order or direction as Your Lordships may deem fit and proper in light of the facts and circumstances so as to give full and complete relief to the petitioner and;
In the interim, the petitioner further seeks directions to the Additional Chief Secretary, Joint Secretary of Government of Assam and Chairperson of Assam Real Estate Regulatory Authority to produce the records relating to any steps taken towards compliance of Section 34 of the Real Estate (Regulation and Development) Act, 2016 as well as records, statements and particulars pertaining to number of complaint cases filed,disposed of and those pending until this date.
The purpose of filing the petition is to ensure that the provisions of the Real Estate (Regulation and Development) Rules, 2017 and the Assam Real Estate (Regulation and Development) Act, 2016 are implemented in its true letter and spirit.
During the course of hearing, D. Saikia, learned Advocate General, Assam apprised the High Court that steps have been taken for disposal of the cases for registration, for disposal of complaints, sou motu cases for imposing penalty and for expeditious disposal of the matters.
By an additional affidavit dated 10.08.2022, the Assam Real Estate Regulatory Authority and its Chairperson (Respondent No. 4 and 5) have averred thus:-
“1. That, an Affidavit in Opposition on behalf of Respondent No. 4 and 5 is already being filed and on records but the Respondent No. 4 and 5 further like to bring on records before the Hon’ble Court certain additional facts relating to the prayers of the present petition as follows:
(i) In relation to Prayer No.(i) of instant PIL – Regarding Setting up and makingOperational a website of RERA, the deponent begs to state the following.
(a) Website https://rera.assam.gov.in was launched on 3rd of February2022.
(b) National Informatics Centre (NIC) under the Ministry of Electronics andInformation Technology, Government of India has developed the aforesaid website.
(c) Presently the website is fully operational and RERA is fully committed to keep on developing the same with time and necessity.
(ii) In relation to Prayer No.(ii) of instant PIL – Regarding maintaining proper records of information pertaining to applications for registration of Projects, the deponent begs to state the following:-
(a) Upon launching of the website on 03/02/2022 all applications for registration of projects are online and records are getting maintained in digital form.
(b) Regarding earlier records of offline registration of projects, the RERA onits own and also by pursuing the Promoters are getting it digitized on a day to day process and RERA should be able to complete the said process within a period of two months.
(iii) In relation to Prayer No.(iii) of instant PIL – Regarding expeditious disposal of Pending complaint cases, the deponent begs to state the following:
(a) Cases are being disposed as expeditiously as possible taking into consideration the due to process of law.
(b) Adjudicating Officer has been appointed on 28/07/2022 under Section71 of the RE(R&D) Act, 2016 and the adjudication officer has confirmed of joining by the last part of this month i.e., August 2022 vide letter dated 30/07/2022. There shall be further expeditious disposal of cases upon functioning of the AdjudicatingOfficer.
(iv) In relation to Prayer No.(iv) of instant PIL -Regarding Framing of SuitableRegulations underSection 85 read with Section 86(2) of the Act, thedeponent begs to state the following:
(a) As stated earlier in the Affidavit in Opposition, four numbers of Regulations already framed and uploaded in the website of RERA which areas follows:
- The Assam Real Estate Regulatory Authority (Registration of Projects) Regulations, 2021
- The Assam Real Estate Regulatory Authority (Adjudication of Complaints) Regulations, 2021
- The Assam Real Estate Regulatory Authority (General) Regulations,2021
- The Assam Real Estate Regulatory Authority (Engagement of contractual employees) Regulations, 2021
(b) Further regulations shall be framed incompliance of the Act and Rules and whenever necessity arises.
- That, the Respondent No.3 and 4 begs to state that all the prayers of theinstant PIL has been complied with and hence prays for closure of the instant PIL.
- That, in furtherance to the above, the deponent begs to state that for effective implementation of the Act and Rules; RERA Assam is coordinating withGovernment of Assam through the Department of Housing and Urban Affairs(Respondent No.2 and 3) and getting it sorted all issues including man-power requirement by creation of additional post which is presently in the active stage of consideration by the Government after providing of justification by RERA, Assam.
- That, RERA is committed for effective implementation of the Real Estate(Regulation and Development) Act, Act, 2016 and the Real Estate (Regulation andDevelopment) Rules, 2017.”
Even considering the statements made in the earlier affidavit dated21.04.2022 filed by the respondents Nos.4 & 5, the Bench hoped and trust that the efforts, which are now put in by the State Government pursuant to various orders passed by this Court shall be maintained, keeping in mind the provisions of 2016 Act and the 2017 Rules. The Court therefore, deemed it fit to close the proceedings.