WBHIRA challenged before the Apex Court

Currently, WBHIRA has been challenged under Article 254 (2) of the Constitution of India which is pending before the Apex Court of India. Considering its outcome, the real estate Industry of West Bengal will suffer of major blow as to the aspect related to ‘Garage’ morefully defined u/s 2(x) of WBHIRA.

In my opinion presently, the real estate projects of West Bengal are charging separate consideration as to Garage/Parking Space be it open or covered/Podium Parking/Mechanical Parking which shall suffer in case WBHIRA is repealed by the Hon’ble Supreme Court of India. It is to be seem whether the apex court passed an Order as to the fate of such consideration received for Garage/Parking Space be it open or covered/Podium Parking/Mechanical Parking having retrospective effect or not? The Builder will be highly effected if a retrospective effect is given to such Order whereby a complicated and confused of legal status or identity shall arise as to how the exclusive consideration received against sale of Garage/Parking Space be it open or covered/Podium Parking/Mechanical Parking will be adjusted against the right of the allottee. Further, any allottee who have only purchased Garage/Parking Space be it open or covered/Podium Parking/Mechanical Parking not a residential or commercial unit therewith shall be in a complex position as to the fate or legal identity of such purchase.

In my view, WBHIRA or RERA whichever prevail in the State of West Bengal should not hamper the interest of the allottee who have purchased Garage/Parking Space be it open or covered/Podium Parking/Mechanical Parking, so, that the ultimate motto of the Act which is to safeguard the interest of the allottee is uphill by the law.

SUBHRO KANTI ROY CHOWDHURY,
ADVOCATE
HIGH COURT AT CALCUTTA,
PH: 9831581182/9432371406