While hearing the appeal filed by the Forum for Peoples Collective Efforts (FPCE) & Anr. vs The State of West Bengal & Anr., the Supreme Court held that State legislature can’t make law similar to one already enacted by Parliament. Once Parliament has enacted a law, it’s not open to State legislature to enact a similar law and lift it word to word. Test of repugnancy is clearly established.
The Supreme Court declared that RERA being an exhaustive code regulating the contractual relationships between promoters and buyers in the real-estate sector, WB-HIRA entrenches on an occupied field and is hence repugnant and void under Article 254(2) of the Constitution.
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