RERA and Sustainable Urban Development: A Socio-Legal Analysis of Real Estate Regulation and Environmental Safeguards
Keywords:
Environmental Constitutionalism, Socio-Legal Analysis, Regulatory Governance, Green Building Norms, Urban Planning LawAbstract
“The Real Estate (Regulation and Development) Act, 2016 also
known as (RERA)” was established as a transformative
legislative framework within real estate industry in India, which
is majorly focused to redress imbalance of power between
developers and allottees through strengthening transparency,
accountability, and adjudicatory efficiency. However, its
regulating nature extends beyond consumer protection into the
area of sustainable urban development, a realm where legal
regulation of the real estate environment cut across with
constitutional environmental provisions provided under article
21, 48A and 51A(g). The researcher in this research paper
undertakes a socio-legal interpretation of RERA in order to cross
examine the extent to which its statutory framework
incorporate principles of ecological safeguards and urban
sustainability. The particular emphasis is on project registration
protocols, obligations and the statutory bond with
environmental clearance mechanisms under “the Environmental
(Protection) Act, 1986, the Air and Water Acts,” and land use
planning statues.
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References
1. UN Department of Economic & Social Affairs, World Urbanization Prospects: The 2018
Revision, UN DOC ST/ESA/SER.A/420 (2019).
2. Government of India, “Economic Survey of India 2022-23” Vol. II, at 213 (Ministry of
Finance, January 2023).
3. Real Estate (Regulation and Development) Act, 2016 (Act 16 of 2016), Statement of
Objects and Reasons.
4. The Real Estate (Regulation and Development) Act, 2016 (Act 16 of 2016).
5. U.N. General Assembly, Transforming Our World: The 2030 Agenda for Sustainable
Development, U.N. Doc. A/RES/70/1 (Sept. 25, 2015).
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