Regulator the panacea to Greater Noida woes
By Our Bureau
July 20, 2011
With the apex court upholding the judgment of Allahabad High Court
on the legality of the land acquisition process in Greater Noida
and with more land owners joining issue -more instances of land
being acquired under the emergency clause of the Land Acquisition
Act are coming to light - the pall of gloom over the real estate
sector is not likely to lift any sooner.
Builders and consumers, who have been at the receiving end, are
already at loggerheads. The plight of the consumers won’t
have been so miserable had a real estate regulator been in place.
For about seven years now, people have been clamouring for a
special Act meant to protect investors in real estate. The
objective is to put in place a specialized domain knowledge-based
regulator who would ensure that the consumer is protected both from
the vagaries of the builder and from the callousness of the
government . The RERA (Real Estate Regulatory Authority) Bill has
been gathering dust with the centre for about five years now -
that’s when the first draft was circulated for seeking public
views.
The bill seeks to establish the responsibility of the promoters
(read builders) towards the consumers. It has sections pertaining
to issues like how the promoter should issue advertisements before
beginning construction; how he would be able to request for and
receive advance payments for the apartments he is to build; how he
could receive payments while constructing; and how he would hand
over common areas etc to the resident welfare associations after
the projects are completed. The bill also seeks to define the role
of the consumer and caters to issues like supply of essential
services, adherence to local laws and approvals of all kinds . It
also addresses issues connected to mortgages and consents required
for such mortgages besides the liabilities of consumers.
Significantly, the Bill deals with the responsibility of promoters
regarding the veracity of the facts placed in advertisements or
prospectus in order to ensure that the consumer gets the right
information before he makes a choice or purchase . If the RERA bill
had been legislated and been in force today, some of the pain which
consumers are facing today may have been averted . The average age
of home loan applicants has now dropped to 28 - most consumers are
young people just starting out in life. Perhaps young enough to not
want to be bothered with the kind of problems which such a lack of
regulation have once again thrown up .
One can understand why the real estate sector is not keen to allow
the RERA bill to see the light of day - when such an authority is
established , it would make the promoter accountable in ways which
he is not used to now. The sector may have pulled strings and
ensured that such a law is not enacted - possibly this may be the
cause for the delay in bringing it before Parliament . It is time
the Central Government woke up to the fact that such reforms are
inevitable in the urban sector. Sooner or later, these reforms will
have to be enacted if the sector is to develop without the
ambiguities and scandals it is ridden with today. Perhaps, the
Greater Noida meltdown will spur the government into action on this
most important piece of legislation..