Supreme Court: In a special leave to appeal against the judgment and order passed by the Calcutta High Court, the division bench of Dr. DY Chandrachud, CJI and PS Narasimha, J. said that the judgment in Forum for People’s Collective Efforts v. State of W.B., (2021) 8 SCC 599 that the striking down of West Bengal Housing Industry Regulation Act 2017 (‘WB-HIRA’) will not affect the registrations, sanctions and permissions previously granted under the legislation prior to the date of judgment shall apply to orders which were passed in the original case or during execution, prior to the date of the judgment.
In the present case, an order was passed in 2019 in favour of the petitioner who is a home buyer under the WBHIRA against the respondent. The petitioner instituted an application for execution in 2020 in which a show cause notice was issued. An order was passed directing the refund due, to be recovered as arrears of land revenue.
The Court noted that, subsequently, in Forum for People’s Collective Efforts (supra), the Court held that the WB-HIRA is ultra vires in view of the provisions of the Real Estate (Regulation and Development) Act 2016.
The Court said that this Court in Forum for People’s Collective Efforts (supra), had observed that the striking down of WBHIRA will not affect the registrations, sanctions and permissions previously granted under the legislation prior to the date of this judgment.
Thus, the Court held that this principle should also apply to orders which were passed whether in the original or during execution, prior to the date of the judgment. All such orders shall be executed in accordance with law, as if they were issued under the RERA.
The Court clarified that all complaints which were filed before the erstwhile authority constituted under WBHIRA, shall stand transferred to and be disposed of in accordance with law by the authority which is constituted under the Central Act. Any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.
The Bench directed that the authority shall proceed to execute the order which has been passed in favour of the petitioner, expeditiously, within a month from the date of receipt of a certified copy of this order by the executing forum.
[Saptaparna Ray v District Magistrate and Collector, Special Leave to Appeal (C) No(s). 16908/2022, Order dated 12-05-2023]
Advocates who appeared in this case :
For Petitioner(s): Advocate J. Sai Deepak, Advocate-On-Record V. Shyamohan, Advocate Priyanka Agarwal, Advocate Shaktiki Sharma, Advocate Sradhaxna Mudrika;
For Respondent(s): Advocate Raja Saha, Advocate Priyanshu Upadhyay, Advocate Gangesh Kumar Jha, Advocate Viraat Tripathi, Advocate-On-Record Anilendra Pandey, Advocate Pawan Kumar Ray, Advocate Ritesh Khare, Advocate Deepak Goel, Advocate Riju Mani Talukdar, Shreshth Nanda, Advocate Aditi Bhatia, Advocate Nishi Gupta, Advocate Sabyasachi De.
