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Gauhati High Court issues notice to Assam RERA

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The Gauhati High Court recently issued notice on a PIL alleging 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 PIL filed by one Anita Verma further 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 Act, which reads as under:

“34. Functions of Authority.—The functions of the Authority shall include— (a) ……………………………………………………………………..; (b) 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; (c) 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enter the names and photographs of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under this Act, with reasons therefor, for access to the general public; (d) to maintain a database, on its website, for public viewing,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;”

Also Read: Supreme Court says petitions filed in HC by aggrieved borrowers under Article 226 not maintainable

While considering the PIL, the Division Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia issued notice to the Assam Real Estate Regulatory Authority and its Chairperson.

The Bench has listed the PIL on February 3, 2022 for further hearing.

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