WB Housing Industry Regulation Act 2017 is repugnent to RERA and unconstitutional- SC 04/05/2021

WB-HIRA is repugnant to the RERA, and is hence unconstitutional. We also hold and declare that as a consequence of the declaration by this Court of the invalidity of the provisions of WB-HIRA, there shall be no revival of the provisions of the WB 1993 Act, since it would stand impliedly repealed upon the enactment of the RERA. Hence, in exercise of the jurisdiction under Article 142, we direct that the striking down of WB-HIRA will not affect the registrations, sanctions and permissions previously granted under the legislation prior to the date of this judgment

D.L.F. HOUSING CONSTRUCTION (P) LTD. Vs. DELHI MUNICIPAL CORPN. AND OTHERS

A case where the basic facts are disputed, and complicated questions of law and fact depending on evidence are involved the writ court is not the proper forum for seeking relief - The rights course of the High Court to follow was to dismiss the writ petition on this preliminary ground, without entering upon the merits of the case.