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New Delhi: Supreme court On Friday, the states were given four more weeks Union Territory who have not filed their reply for the deviations and variations pointed out in the implementation of Real Estate (Regulation and Development) (RERA) Act, 2016, and the relevant rules and regulations in their jurisdiction.
A bench of Justices DY Chandrachud and Hima Kohli warned that if the requisite reply is not filed within the stipulated time, the Principal Secretary, Housing and Urban Development will appear in the court to explain the delay.
The top court said that 13 states and two union territories have filed their replies on the petition.
“Despite the previous order requiring the States/UTs to file their response, some States have not submitted their response. They will do so within four weeks in the affirmative, failing which the Principal Secretary in Housing and Urban Development Will appear in court,” the bench said, posting the matter eight weeks later.
The top court was hearing a petition filed by advocate Ashwini Upadhyay, seeking implementation of a model builder-buyer agreement across the country.
The advocate said that a model agreement should be prepared by the Center as some states have and some do not and there is no uniformity in those agreements.
The PIL has sought a direction to the Center to prepare model agreements for builders and agent buyers to protect customers and bring transparency in the realty sector in line with real estate. regulator Authority (RERA) Act, 2016.
On January 17, the top court had emphasized the need for a model builder-buyer agreement to protect the interests of middle-class home buyers and asked the Center to consider framing a similar rule under the provisions of RERA.
The top court had said that it wants the Center to enter into a model builder-buyer agreement and model agent-buyer agreement, which will be applicable for the entire country, instead of leaving it to the states.
It said that the whole purpose of the present PIL is that there should be a model builder-buyer agreement which will be prepared by the Central Advisory Council so that there is some uniformity in the basic terms and conditions and that flat buyers are not exploited. ,
On October 4 last year, the top court said that it is important for the country to have a model builder-buyer agreement in the real estate sector for consumer protection as developers try to put many clauses in it, which are not known to common people. Might be possible. ,
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