The Calcutta High Court on February 28, 2022, in the matter of Saptaparna Ray v. District Magistrate and Collector, discussed the validity of an order passed under the repealed West Bengal Housing Industry Regulation Authority Act, 2017 (“WBHIRA Act”).

In the instant case, the petitioner approached the West Bengal Housing Industry Regulation Authority (“WBHIRA”) against the private respondents (promoters) for damages arising due to delay in delivery of possession of flat booked, and for money for the same paid by her. The complaint was allowed by WBHIRA, and an order was passed. However, the WBHIRA Act was struck down by the Supreme Court as being ultra vires the Constitution of India and repugnant to the provisions of Real Estate (Regulation and Development) Act, 2016, in the case of Forum for People’s Collective Efforts (FPCE) v. State of West Bengal, (2021) 8 SCC 599.

The Court noted that it was evident from the above mentioned Supreme Court’s judgment that what can been saved by the Supreme Court under Article 142 of the Constitution of India are legislation, sanction and permission already granted. The orders already passed under the said repealed act, have not been specifically mentioned to have been saved.

The Court finally observed:

“It is only the Hon’ble Supreme Court under Article 142 of the Constitution of India, that can clarify as to whether the orders passed under the erstwhile WBHIRA, are saved and the execution thereof can be continued post the decision in the Forum for People’s Collective Case (Supra) or whether the execution should be carried out under the Real Estate Regulation Authority Act, 2016.”