Having put an interim authority ahead of the central act, the Haryana government will notify the Haryana Real Estate (Regulation and Development) Act, 2016, by next week. “The Cabinet note has already been prepared. The Act is likely to be notified by next week. It is not going to be delayed beyond that,” a senior state government official said, adding that the final rules would be “comprehensive, transparent and there would be no ambiguity”.
The source added that the state had secured the Centre’s consent for the Act and the rules at a meeting on July 8. Haryana in its RERA rules has defined certain terms which have not been defined in the Centre’s rules. “For example, we have defined parking. The term ‘parking’ is mentioned three times in the Act but has not been defined. Also, we have again defined terms which had a different meaning in central rules. We have conveyed this to the central government as well,” the official said, adding these changes won’t result in dilution of the Act. We don’t want any ambiguity or any grey area…We have taken into account the suggestions which we got,” he added.
In May, MoS for housing Rao Inderjit Singh had written to Haryana CM Manohar Lal Khattar asking him not to define terms as the Centre’s Act has already defined them. “Any further definition or reiteration of these terms by the Rules would create confusion and lead to interpretational difficulties and litigation, which may go against the basic objectives of the Act,” Rao had said.
Meanwhile, the state would also appoint a chairman and members of the authority, once the state Cabinet approves the rules. “We have also requested the Chief Justice of the Punjab and Haryana High Court about his convenience or deployment of his representative who could be part of the committee to select chairman and members of the authority. We are hopeful of a full enforcement soon,” the official said.
RERA assumes importance in Haryana as it has a history of land scams. Amidst allegations that the state had diluted some rules in favour of builders, the state had invited objections on the draft rules on which, it has received over 1,800 objections.
Haryana has diluted norms in its draft rules for RERA, keeping most incomplete projects out of the law’s ambit. According to the RERA Act, 2016, an ongoing project is a project “for which the completion certificate has not been issued as on May 1, 2016” on the date of commencement of the Act. This would ensure that many home projects which are already work-in-progress come under the Act.