By Dr Sanjay Chaturvedi, LLB, PhD.
As per the latest information available with the Ministry, 28 States/ Union Territories (UTs) have set up Real Estate Appellate Tribunal and 30 States/UTs have set up the Real Estate Regulatory Authority under Real Estate (Regulation & Development) Act, 2016 (RERA). State-wise implementation details are annexed. Information regarding number of cases pending and average time taken to resolve them in Real Estate Tribunals is not maintained centrally.
Various measures have been taken by the Government to protect the interest of homebuyers from time to time. RERA ensures to protect the interest of homebuyers by regulating and promoting in Real Estate Sector in a transparent and accountable manner. Section 4 of RERA provides for compulsory deposit of seventy percent of amount realised for real estate project from allottees in a separate bank account to cover the cost of construction and land cost. RERA also, interalia, makes the promoter liable for refund of amount, with interest and compensation, in case developer fails to complete or is unable to give possession of apartment, plot, building to homebuyer; as per the terms of the agreement for sale.
Moreover, in order to provide last mile funding to stalled real estate projects which are net-worth positive and registered under RERA, a Special Window for Affordable and Mid Income Housing (SWAMIH) Investment Fund of Rs. 25,000 Crore has been created.
Annexure
| Real Estate (Regulation & Development) Act, 2016 [RERA]
Implementation Progress Report
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| Sl. | State | General Rules | Establishment of Regulatory Authority | Establishment of Appellate Tribunal | Web Portal | Adjudicat-ing Officer | Registrations | Total no. of Cases disposed by Authority
|
|
| Projects | Agents | ||||||||
| 1 | Andhra Pradesh | Notified | Permanent | Permanent | Setup | Appointed | 2420 | 154 | 158 |
| 2 | Arunachal Pradesh | Notified | Interim | Not Established | Not Setup | Not Appointed | 0 | 0 | 0 |
| 3 | Assam | Notified | Permanent | Permanent | Setup | Not Appointed | 464 | 38 | 21 |
| 4 | Bihar | Notified | Permanent | Permanent | Setup | Appointed | 1305 | 415 | 1154 |
| 5 | Chhattisgarh | Notified | Permanent | Permanent | Setup | Appointed | 1378 | 646 | 1424 |
| 6 | Goa | Notified | Permanent | Permanent | Setup | Appointed | 847 | 336 | 131 |
| 7 | Gujarat | Notified | Permanent | Permanent | Setup | Appointed | 9818 | 1869 | 3367 |
| 8 | Haryana * | Notified | Permanent | Permanent | Setup | Appointed | 965 | 2812 | 18383 |
| 9 | Himachal Pradesh | Notified | Permanent | Permanent | Setup | Appointed | 101 | 113 | 44 |
| 10 | Jharkhand | Notified | Permanent | Permanent | Setup | Appointed | 821 | 7 | 93 |
| 11 | Karnataka | Notified | Permanent | Permanent | Setup | Appointed | 4739 | 2823 | 3087 |
| 12 | Kerala | Notified | Permanent | Permanent | Setup | Appointed | 708 | 235 | 651 |
| 13 | Madhya Pradesh | Notified | Permanent | Permanent | Setup | Appointed | 4115 | 1009 | 4,926 |
| 14 | Maharashtra | Notified | Permanent | Permanent | Setup | Appointed | 33882 | 33798 | 11621 |
| 15 | Manipur | Notified | Interim | Interim | Not Setup | Not Appointed | — | — | 0 |
| 16 | Meghalaya | Notified | Not Established | Not Established | Not Setup | Not Appointed | — | — | — |
| 17 | Mizoram | Notified | Interim | Not Established | Setup | Appointed | — | — | 0 |
| 18 | Nagaland | Not Notified | Not Established | Not Established | Not Setup | Not Appointed | — | — | — |
| 19 | Odisha | Notified | Permanent | Permanent | Setup | Appointed | 659 | 85 | 1247 |
| 20 | Punjab | Notified | Permanent | Permanent | Setup | Appointed | 1116 | 2596 | 2106 |
| 21 | Rajasthan | Notified | Permanent | Permanent | Setup | Appointed | 1843 | 3102 | 1488 |
| 22 | Sikkim | Notified | Not Established | Not Established | Not Setup | Not Appointed | — | — | — |
| 23 | Tamil Nadu | Notified | Permanent | Permanent | Setup | Appointed | 3981 | 2308 | 1766 |
| 24 | Telangana | Notified | Interim | Interim | Setup | Not Appointed | 4282 | 2148 | 2 |
| 25 | Tripura | Notified | Permanent | Interim | Setup | Appointed | 91 | 05 | 0 |
| 26 | Uttar Pradesh | Notified | Permanent | Permanent | Setup | Appointed | 3183 | 5151 | 34419 |
| 27 | Uttarakhand | Notified | Permanent | Interim | Setup | Not Appointed | 336 | 350 | 629 |
| 28 |
West Bengal |
Notified | Not Established | Not Established | Not Setup | Not Appointed | — | — |
—
|
| Union Territories | |||||||||
| 1 | Andaman & Nicobar Island | Notified | Permanent | Permanent | Setup | Appointed | 3 | 28 | 0 |
| 2 | Chandigarh | Notified | Permanent | Permanent | Setup | Not Appointed | 3 | 16 | 25 |
| 3 | Dadra& Nagar Haveli and Daman & Diu | Notified | Permanent | Permanent | Setup | Appointed | 163 | 2 | 0 |
| 4 | Jammu & Kashmir | Notified | Interim | Not Established | Not Setup | Not Appointed | 0 | 0 | 0 |
| 5 | Ladakh | Notified | Not Established | Not Established | Not Setup | Not Appointed | — | — | — |
| 6 | Lakshadweep | Notified | Permanent | Permanent | Setup | Appointed | 0 | 0 | 0 |
| 7 | NCT of Delhi | Notified | Permanent | Permanent | Setup | Not Appointed | 38 | 440 | 197 |
| 8 | Puducherry | Notified | Interim | Permanent | Setup | Not Appointed | 194 | 3 | 3 |
| Total | 77,455 | 60,489 | 86,942 | ||||||
* Haryana has 2 Regulatory Authorities i.e. one for Gurugram and other at Panchkula for rest of Haryana.
This information was given by the Minister of State for Housing & Urban Affairs, Shri Kaushal Kishore, in a written reply in the Rajya Sabha