Gauhati High Court issues notice to Assam RERA in a plea challenging its functions contrary to law

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After a petition was filed against the Assam Real Estate Regulatory Authority (ARERA) for allegedly not working as per the law, the Gauhati High Court has issued notice to its chairperson and authorities seeking response within a week.

The Division Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia was hearing a plea moved by one Anita Verma, the petitioner who had contented in her plea that the Authority in question was a “statutory authority” created under the Real Estate (Regulation and Development) Act, 2016 and it was not functioning in accordance with the law.

The petitioner in her plea had stated that, not even a website had been created by the Assam Real Estate Regulatory Authority, despite that being a requirement under Section 34 (b), (c), and (d) of the 2016 Act.

It was argued by the counsel for the petitioner, Senior Advocate U. K. Nair that the authority has no website of its own and due to this, many home buyers may get misled or cheated.

In light of this, the Bench issued a notice to the Assam Real Estate Regulatory Authority and Chairman, Assam RERA.

“There is no one representing the respondent Nos. 4 and 5 before this Court. We hereby issue notice to the respondent Nos. 4 and 5. Steps within one week.”

The matter listed to be heard again on February 03, 2022.

[Case title - Anita Verma v. The State of Assam & 4 Ors]