High Court Stays Odisha Govt’s Notification On Apartment Registration

Cuttack: Orissa High Court on Wednesday put a temporary stay on a notification of the state government concerning the sale and purchase of apartments constructed before the creation of the Real Estate Regulatory Authority (RERA).

The notification, which was circulated by the Housing and Urban Development (H&UD) department on February 1, had granted permission for the registration of apartments built before the promulgation of the Real Estate (Regulation & Development) Act, 2017.

The HC ordered temporary suspension of the notification while hearing a petition which stated that the Odisha Apartment Ownership Act, 2023 was enacted by repealing the Odisha Apartment Ownership Act, 1982, and the new Act did not have any additional compliance. While selling a flat, an occupancy certificate, a society registration certificate, and a declaration are the minimum things required.

Recent notification of the Odisha government on registration of apartments built prior to the creation of RERA mentioned that the new Act will not apply to these apartments. However, it was pointed out that the Odisha Apartment Ownership Act, 2023, clearly states that it is applicable to all apartments whenever they are constructed (be it before or after the formation of RERA).

Holding the state government notification wrong, the petition cited how government tried to override a previous legislation passed by the state legislature, through an executive instruction. On that ground, the High Court accepted the petition for hearing and issued a stay order.

Housing and Urban Development (H&UD) Minister Krushna Chandra Mahapatra stated the government will go through the court order and take appropriate steps.

The next hearing of the case will be next Wednesday. The High Court has directed the Urban Development Department to file a reply at the earliest.