ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Why the Maharashtra Housing Act, 2012 Should Be Repealed

The Maharashtra Housing (Regulation and Development) Act, 2012 which was enacted after the centre's Real Estate (Regulation and Development) Bill, 2013 was tabled in Parliament does not protect the home buyer's interests, and also undoes a number of consumer benefi ts won through arduous litigation.

The Maharashtra Housing (Regulation and Development) Act, 2012 (hereinafter the State Act) has been welcomed by the mainstream media and Maharashtra hailed as the first state in the country to come up with a housing regulator. However, the news coverage has missed the devil that lies in the detail. An attempt is made here to point out the serious flaws in the State Act, by way of deliberate insertions, which end up harming home buyers’ interests rather than protecting them while making beneficiaries of the developers.

The State Act received presidential assent in February this year, whereas the centre introduced its own legislation – the Real Estate (Regulation and Development) Bill, 2013 (hereinafter referred to as the central bill) in Parliament on 14 August 2013. What is pertinent to note is that the State Act, despite being a later law negates most of the proposed provisions of the central bill which aims at reforming the residential real estate sector.

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