Satya Prakash
New Delhi, October 5
Taking strong exception to 11 states not responding to a PIL seeking a uniform model builder-buyer agreement to protect home buyers’ interests, the Supreme Court has warned that their urban development secretaries would be summoned if they didn’t respond in four weeks.
A Bench led by Justice DY Chandrachud noted that despite its August 12 order requiring the states and Union Territories to file their responses with the Union Ministry of Housing and Urban Affairs by September 2, only 13 states and two UTs had filed their responses. Affidavits of Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Odisha, Uttar Pradesh and West Bengal are awaited.
“The states which have not filed their responses shall do so positively within four weeks from today, failing which the Principal Secretaries of the state government in the Ministry of Urban Development/ Affairs shall personally remain present before this court on the next date of hearing to explain as to why they should not be proceeded with under the coercive arm of law,” the Bench said, posting the matter for further hearing on November 28.
During the September 30 hearing, Additional Solicitor General Aishwarya Bhati suggested that based on the responses, the Centre and amicus curiae Devashish Bharuka would prepare a two-part model agreement for sale containing ‘core clauses’ and ‘additional clauses’ consonance with RERA for the protection of the homebuyers.
