2-Day National Seminar on Dispute Resolution Under Real Estate Regulation and Development Act, 2016 | WBNUJS’s Centre for Research and Studies in Land, Mining, and Real Estate Laws

About WBNUJS

The West Bengal National University of Juridical Sciences (WBNUJS) is a premier national law university consistently ranked as one of India’s top legal educational institutions. It was established under the WBNUJS Act, 1999 (West Bengal Act IX of 1999). It is a university within the meaning of subsection (f) of Section 2 and Section 12-B of the UGC Act, 1956, and has permanent affiliation from the Bar Council of India.
Over the years, NUJS has produced several outstanding lawyers and scholars. With a rich set of faculty and students from diverse backgrounds, drawn from almost all corners of India, the academic community of the law school has made a name for itself in more than one field of law. This establishes an aura of excellence, devotion to the highest standards of academic
integrity, and commitment to duty of service to one and all.
The Chief Justice of India is the Chancellor of NUJS and is also the Chairman of the General Council, the supreme policy-making body of the University. Under the current guidance of its Vice-Chancellor, Prof. (Dr.) Nirmal Kanti Chakrabarti, one of the most respected and renowned legal scholars in India and backed by a rich and diverse faculty, the University strives to continue with its history of merit in various domains of law.

About The Centre for Research and Studies in Land, Mining, and Real Estate Laws

The Centre for Research and Studies in Land, Mining, and Real Estate Laws (‘CRSLMREL’) was set up at WBNUJS during the academic year 2019-20. The Centre functions under the leadership and supervision of Dr. M.P. Chengappa [Assistant Professor (Law), NUJS].
Issues related to land acquisition, real estate, and mining laws are fundamental to questions pertaining to environmental law, the efficacy of regulatory regimes, the functioning of the market economy, and social welfare. Therefore, discourse around the land, mining, and real estate laws are critical. Many law firms across the country have dedicated teams, especially
for this purpose. The pendency of cases pertaining to these fields shows that land acquisition, real estate-related disputes, and mining regulations form a very crucial field in the legal industry.
CRSLMREL aims to create awareness and guide discourse in the aforementioned fields in academia by conducting studies, consulting with stakeholders, creating resource materials, and conducting capacity-building programs with industry professionals.

Proposed Panels for the Seminar

The implication of RERA and the road ahead

The Real Estate Regulation Act (RERA) finally got a passage in 2016, thereby meeting a long-standing demand from the real estate industry for a central regulator. RERA was largely created to ensure accountability towards allottees, protect their interests and establish symmetry of information between the promoter and allottees.
To help RERA achieve its true goal, it is important for us to address concerns about the authorities’ lack of accountability, as the buck now stops with only a few stakeholders, mainly project promoters, with no explicit sanctions for authorities who miss deadlines. Setting up a single-window clearance should be a priority since it will streamline the approval process and save costs and delays dramatically. The ‘Modern Building Bye-Laws, 2016′ can also be used as a guide, since they emphasize digitizing documentation/approval processes, integrating some clearances into Master Plans, and outsourcing certain procedures on behalf of authorities to reduce approval/clearance times. Risk-based classification of building proposals would also expedite non-automatic approvals.

Constitutionality of Regulatory Framework in State Real Estate

The Supreme Court of India in Forum for People’s Collective Efforts (FPCE) & Anr. v The State of West Bengal & Anr, recently declared the West Bengal Housing Industry Regulation Act, 2017 (“WBHIRA”) as unconstitutional and repugnant to the Real Estate (Regulation and Development) Act, 2016 (“RERA”).
RERA was enacted by parliament in 2016 to serve as a regulatory enactment promoting and protecting the buyers’ interest. The objective imbued in this legislation had an undertone of welfare-based policy.
However, the West Bengal State Legislature charted out a path of its own in enacting WBHIRA repealing The West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993 but violating the diktat in RERA. The panel will draw a comparative perspective by comparing the implementation of WBHIRA in West Bengal with the implementation of RERA in other states. The panel will also place the judgment by the Hon’ble Supreme Court to interact critically with the arguments posed, and the decision arrived at to understand what the future of Real Estate Regulation is in West Bengal.

Real Estate Adjudication: Challenges and Opportunities

The Real Estate (Regulation and Development) Act (RERA) has brought a growing incidence of consumer dissatisfaction in dealing with real estate developers and service providers. Delays in project deliveries, cost escalations during construction, lopsided builder-buyer agreements, and the absence of an effective enforcement mechanism have led to growing consumer frustration and resulted in an increased number of complaints brought before the Regulator. This has put tremendous pressure on the Real Estate Regulatory Authorities.
The panel would be dealing with one particular field, i.e., Alternative Dispute Resolution (ADR) vis-à-vis the Real Estate Industry from the vast arena of Dispute Resolution as a contemporary trend. The panel will discuss the challenges and opportunities arising out of ADR in real estate cases under the RERA Act.

Call for Papers on Real Esatate Adjudication

Procedure For Registration

Students need to register themselves by 20th October 2021 by filling this Google form including details such as the title of the proposed paper, name of the author(s) (up to 3 co-authors/co-presenters allowed), contact details, year of study, and institutional affiliation.

Procedure For Submission of Abstracts

An abstract of 200-300 words with 5-7 keywords should be submitted as an attachment in a word file. The final paper should have at least 5 headings (including introduction and conclusion). Following information, in the given format, should be sent along with the abstract to the Google form:
 Title of the paper
 Name of the Author (s) (up to two co-authors/co-presenters)
 Designation / Institution Details, Address, and Email ID
 Mobile Number
Abstracts will be reviewed by the organizing committee and only shortlisted abstracts will be invited to submit final papers. The PowerPoint presentation file shall be submitted by 5th November 2021 to crslmrel@nujs.edu. The final paper should be submitted by 30th November 2021 after the intimation of acceptance of the abstract to crslmrel@nujs.edu. The final submission shall be concluded within the prescribed deadline.
All shortlisted authors will get certificates for the paper presentation, but the organizers reserve the right to publish the selected papers. Shortlisted candidates will be shared the link of the webinar after the selection.

Guidelines For Registration and Submission of Papers/Abstracts

 Delegates need to register themselves by 20th October 2021 by filling this Google Form.
 The full paper should be prepared (1) in the MS-Word format, (2) Font: Times New Roman, (3) Title of the paper: Font 14 (4) Subtitles: Font 13, (5) Body text: Font 12, (5) Spacing: 1.5 lines, and (6) shall range between 2,500 to 3,000 words (excluding footnotes).
 Submission of a paper amounts to consent to such publication and transfer of copyright to NUJS, Kolkata, and consent to edit the paper as may be required. The author shall cooperate with the editor, in respect of such editing.
 All references must be in the form of footnotes with font size 10 and should be according to NUJS Law Review Citation Style as available on the NUJS Law Review website here.
 The work should be original, previously unpublished, and must not be in the stage of submission/consideration elsewhere.
 No abstract or full paper shall be accepted after the respective last dates of submission.


Note: CRSLMREL reserves the right to publish the article

Registration Fees

There is no registration fee for the paper presentation.

Important Dates
 Deadline for Submission of Abstract and registration: October 20, 2021.
 Confirmation of Abstract Selection: October 25, 2021.
 Deadline for Submission of PowerPoint Presentation file: November 5, 2021.
 Date of presentation: November 14, 2021.
 Webinar Date: November 13 and 14, 2021.
 Deadline for Submission of Final Paper: November 30, 2021

For any clarification please write to crslmrel@nujs.edu or contact Student Co-ordinators:
Smithanshu Choudhary: 9007192964 or smitanshu218125@nujs.edu.
Siddharth Tiwari: 9554839306 or siddharth218104@nujs.edu.

Organizing Committee

Patron-in-Chief: Prof. Dr. Nirmal Kanti Chakrabarti, Hon’ble Vice-Chancellor, WBNUJS.
Director of the Program: Dr. M.P, Chengappa, Director Centre for Research and Studies in Land, Mining and Real Estate Laws & Assistant Professor, WBNUJS.
E-mail id: mpchengappa@nujs.edu
Co-ordinators of the Program: Agniva Chakrabarti (in-charge), Divyanshu Singh, Insha Rahman, Neeraj Kumar Paswan, Eesha Tirodkar, Smitanshu Choudhary, and Siddharth Pankaj Tiwari.
Contact details: 9366156207, (Agniva Chakrabarti), E-mail id: agniva218069@nujs.edu


Disclaimer

All efforts are made to ensure the accuracy and correctness of the information published at Legally Flawless. However, Legally Flawless shall not be responsible for any errors caused due to oversight or otherwise. The students are advised to check an opportunity themselves before applying.

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