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CS Executive · Economic, Commercial and Intellectual Property Laws · Real Estate Regulation and Development Law

A developer in Pune says the Real Estate (Regulation and Development) Act, 2016 cannot apply to his project because 'only some states are covered'. Which statement about the territorial extent of the Act is correct?

The Act extends to the whole of India except the State of Jammu and Kashmir as originally enacted. A 2019 notification later made it applicable to the Union territories of Jammu and Kashmir and Ladakh. It is not limited to particular states or cities.

  1. AIt extends to the whole of India except the State of Jammu and Kashmir as originally enacted, and was later made applicable to the Union territories of Jammu and Kashmir and LadakhCorrect
  2. BIt applies only to States that have notified their own rules
  3. CIt applies only to metropolitan cities with a population above one million
  4. DIt extends to the whole of India without any exception, even in the original text

Explanation

Section 1(2) states that the Act extends to the whole of India except the State of Jammu and Kashmir. A 2019 notification later made it applicable to the Union territories of Jammu and Kashmir and Ladakh. Applicability does not depend on a state's rules or on city size, so the developer's claim fails.

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