The ‘ongoing’ projects which were not included under the ambit of Haryana Real Estate (Regulation and Development) Act so far will now soon have to register with the Act, the newly appointed chairperson of the Gurgaon bench of Haryana Real Estate Regulatory Authority (H-RERA), KK Khandelwal, has said.
“Rules cannot supersede the main Act. It is illegal and even the Bombay High Court has categorically said it. Even the ‘ongoing projects’ will now have to register,” Khandelwal said.
In December, in a victory for homebuyers, the Bombay High Court had upheld the constitutional validity of RERA and its applicability to ongoing projects across states.
The Central Act simply has a completion certificate as the benchmark for exemption of projects under RERA. It clearly states that projects that have not received completion certificate on the date of the notification of the Act will be considered ongoing.
The Haryana government has been facing severe criticism from homebuyers for “diluting the Central law by changing the definition of ongoing projects”, leaving almost 90% of the city’s residential projects outside the purview of the Act.
“After the judgment of the Punjab and Haryana High Court, the ongoing projects will have to come under RERA,” Khandelwal said.
Gurgaon Citizens’ Council (GCC), a city-based public representative body of licenced colonies, has moved the Punjab and Haryana HC seeking implementation of RERA rules. The hearing is on February 20 and homebuyers are hopeful that the Haryana government will include projects that are not registered with RERA .
The Bombay HC has ruled out part-completion as the basis for exemption from RERA registration. “There are around 1,000 ongoing projects in Gurgaon and nearly 300 new launches. So far just 254 new projects have been registered. The number will go up soon,” Khandelwal said.