by Nikhil Issar
Under Entry 18 of the State List, states can make laws related to land, or rights in or over land; land improvement; and colonization of land. In response to parliamentary questions, the Ministry had stated it is primarily the responsibility of state governments to regulate real estate and that states must monitor real estate projects. However, the scope of this Act is limited to contracts between buyers and promoters, and transfer of property. Both these items fall within the Concurrent List. A government press release also states this position. Continue reading Testing The Constitutionality Of The Real Estate (Regulation and Development) Act, 2016
by Akhil Deo
On the 1st of June, the National Democratic Alliance(NDA) Government promulgated the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance (“land acquisition ordinance”) for the third time, while the Amendment Bill itself is being considered by a Joint Parliamentary Committee. Naturally this has opposition parties up in arms-calling it a “fraud on the constitution.” In fact several former bodies have already challenged the re-promulgation of the ordinance as unconstitutional before the Supreme Court (“SC”).
Continue reading Examining the constitutionality of re-promulgating the land acquisition ordinance