Citing the Bengal government’s attempt to dilute RERA, Forum For People’s Collective Efforts (FPCE) president Abhay Upadhyay said HIRA defeats the very objective of ushering transparency into the housing sector.
“We have found two major dilutions in key provisions of RERA in HIRA, which was notified on June 1. The first is on force majeure or unforseen circumstances that prevents a builder from fulfilling his contract. RERA has clearly stated the circumstances: war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature. HIRA, on the other hand, makes a significant addition to the clause — “…or any other circumstances as may be prescribed”— that dilutes it,” he pointed out.
Prior to the notification of RERA, builders had moved court against the act defining force majeure. But the Bombay high court had cleared it, ignoring the objections from developers. “By adding one phrase, HIRA has obliterated the clarity of RERA and made the clause on force majeure vague. This defeats the very purpose of the act. One of the main reasons behind the enactment of RERA was to ensure that developers complete and hand over projects on time instead of making excuses for non-compliance to delivery schedules,” said Upadhyay.