Guwahati: A public interest litigation (PIL) filed in the Gauhati High Court recently has alleged that the Assam Real Estate Regulatory Authority “is not functioning as per law.”

The High Court, while dealing with the PIL moved by the petitioner, Anita Verma, issued a notice to the Assam Real Estate Regulatory Authority (Assam RERA) and the Assam RERA chairperson while seeking a reply within three weeks.

“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.

“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.

Section 34 (b) of the Act states that 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.”

According to Section 34 (c) of the Act, RERA 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enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons there for, for access to the general public.”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 the Authority 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.

The court listed the matter for hearing again on February 3, 2022.

Also read: Gauhati HC asks Assam govt to file detailed affidavit on police encounters



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