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Supreme Court of India

Forum for People’s Collective Efforts (fpce) & Anr. v. The State of West Bengal & Anr.

Neutral citation
Reported as [2021] 5 S.C.R. 613
Bench Dr. Dhananjaya Y Chandrachud and M R Shah JJ.
Decided 4 May 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the above reasons, we have come to the conclusion t hat WB-HIRA is repugnant to the RERA, and is hence unconstitutional.

Judgment, page 178

From the headnote

West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA): Constitutional validity of – Challenged to, on the ground of inconsistencies and overlapping with central law-Re al Estate (Regulation and Development) Act, 2016 (RERA) – Held: WB-HIRA is repugnant to RERA and thus, held to be unconstitutional – WB- HIRA purports to occupy the same subject as that which has been provided in the Parliamentary legislation-RERA – St ate law fits, virtually on all fours, with the footprints of the law enacted by Parliament, which is constitutionally impermissible – Overlap between the provisions of

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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