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Section 92: Repeal

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

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Section 91 All 92 Sections of Real Estate (Regulation and Development) Act, 2016

Legal Commentary & Landmark Judgments: Section 92

Section 92 formally repealed the Maharashtra Housing (Regulation and Development) Act, 2012, marking the complete statutory transition from fragmented state-level real estate enactments to the unified, pro-consumer national framework under RERA.

  • Express Repeal Clause: Formally repeals the Maharashtra Housing (Regulation and Development) Act, 2012 (Maharashtra Act No. II of 2014).
  • National Legislative Unification: Eliminated state legislative fragmentation, establishing RERA as the singular, pan-Indian regulatory code governing all real estate developments.
  • Section 6 General Clauses Act Preservation: Savings clause under Section 6 of the General Clauses Act, 1897 applies to preserve rights, liabilities, and penalties incurred under repealed enactments prior to RERA commencement.
Key Landmark Precedents:
  • Neelkamal Realtors Suburban Pvt. Ltd. v. Union of India, 2017 SCC OnLine Bom 9302: The Bombay High Court held that Section 92 accomplished the crucial transition from state enactments to the national RERA regime, ensuring uniform statutory rights for allottees nationwide.
  • Forum for People's Collective Efforts v. State of West Bengal, (2021) 8 SCC 599: The Supreme Court cited Section 92 as definitive proof that Parliament intended RERA to be an exhaustive, uniform code repealing or superseding separate state housing regulatory regimes.
Courtroom Practice & Strategic Litigation Guidance:

In Maharashtra disputes spanning pre-2017 developments, remember that while RERA governs all ongoing projects without an OC, actions completed under MOFA (1963) remain protected under general savings principles.

Section 91 All 92 Sections of Real Estate (Regulation and Development) Act, 2016