MOFA amendment is not legal without Presidential approval

Q. I have been reading with great interest your comments on the controversial MOFA Amendment Bill, 2025, which seeks to substantially curtail the scope of the present MOFA.

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I now understand that the governor has already given his assent to the said bill and as such the bill has now become part of the MOFA and has come into effect. Is it true? I also read that the Supreme Court had struck down West Bengal's Housing Industry Regulation Act, 2017, for conflicting with RERA. Since some provisions of MOFA and RERA are overlapping and at times conflicting with each other, is entire MOFA also not liable to be struck down as inconsistent with RERA? - Rahul Karnik, Wagle Estate, ThaneA. Yes, the governor has given his assent to the bill, and the same has been published in the gazette notification dated December 31, 2025. As such, the said amendment has come into effect. This will allow promoters of MahaRERA-registered projects against whom prosecutions have been launched to go scot-free, benefiting unscrupulous builders who have committed various criminal offences of cheating honest homebuyers over the last 10 years.