Guwahati, Jan 11: The Gauhati High Court has issued a notice to the Assam Real Estate Regulatory Authority (Assam RERA) and its chairperson, while dealing with a public interest litigation (PIL) alleging that the real estate regulatory authority is not functioning in accordance with law.
“The issue which has been raised in this PIL is that the Assam Real Estate Regulatory Authority, which is a statutory authority created under the Real Estate (Regulation and Development) Act, 2016, is not functioning in accordance with law,” the order, issued by the Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia, read.
The Court was dealing with the PIL moved by the petitioner, Anita Verma.
“Moreover, it has also been stated that even a website has not been created by the Assam Real Estate Regulatory Authority, although it is a requirement under Section 34 (b), (c) and (d) of the Real Estate (Regulation and Development) Act, 2016,” it read.
According to Section 34 (b), the Authority has “to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted.”
Section 34 (c) of the Act states that the Authority has “to maintain a database, on its website, for public viewing, and enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons there for, for access to the general public.”
Section 34 (d) of the Act states that RERA has “to maintain a database, on its website, for public viewing, and enter the names and photographs of real estate agents who have applied and registered under this Act, with such details as may be prescribed, including those whose registration has been rejected or revoked.”
Senior counsel for the petitioner, U. K. Nair argued that Assam RERA has no website of its own, which might mislead home buyers.
In view of this, the Court issued a notice to the respondent the Authority and its chairperson, seeking a reply within three weeks, while listing the matter for hearing again on February 3, 2022.