RERA: Cooperative housing societies move High Court

by news
August 1, 2017

Bengaluru: The High Court of Karnataka on Monday ordered issue of notice to the Union and State governments on a batch of petitions filed by various co-operative housing societies challenging the constitutional validity of making the provisions of the Real Estate (Regulation and Development) Act, 2016, applicable for the co-operative housing societies.

Justice B.S. Patil passed the order on petitions filed by 14 prominent co-operative housing societies, such as the State Government Employees’ House Building Cooperative Society, the Central Government Employees’ CHS, the Telecom Employees’ co-operative housing societies, the Ministry of Communication Employees co-operative housing societies S, and the Bruhat Bengaluru Mahanagara Palike House Building Co-op Society.

Claiming that RERA has encroached upon their rights under the Karnataka Co-operative Societies Act-1959, the petitioners have contended it is in violation of Articles 14, 19, 21, 43 B and 243 Z of the Constitution in so far as the RERA seeks to cover co-operative societies, as the power for making legislation for cooperative societies is the exclusive jurisdiction conferred upon the State legislatures.

The petitioners have sought a declaration from the court that RERA is not applicable for the CHS, which are registered under the Karnataka Co-operative Societies Act.

Further hearing on the petitions was adjourned till August 11