New Apartment Ownership Act: Odisha Govt Asked To Expedite RERA-Compliant Rules

Cuttack: The Odisha government will soon enact a new Apartment Ownership Act. The Bill is being prepared in consultation with the stakeholders and will eventually be tabled in the State Assembly, state counsel DK Mohanty told the Orissa High Court here on Tuesday.

The court was hearing a petition filed by a Bhubaneswar-based apartment owner, challenging Odisha Apartment Ownership (Amendment) Rules 2021. on the ground that it is contrary to provisions of the Real Estate (Regulation and Development) – RERA Act, 2016.

The government also presented a format of the revised flat booking agreement and informed that Urban Development and Housing department had on September 12 notified the Odisha Real Estate (Regulation and Development) Amendment Rules 2022.

Indicating that the interim order will continue, the division bench of Chief Justice S Muralidhar and Justice Chittaranjan Dash said, “Any ad hoc temporary solution to the problems faced by the apartment owners will only compound their difficulties.”

Bhubaneswar Development Authority (BDA) secretary also appeared in person before the court and tendered an unconditional apology for registering a particular flat owners’ association despite an interim order, banning the registration of sale deeds related to apartments and flats on May 12.

The court had directed the government to come up with a RERA-compliant rule, which mandates the transfer of common areas in favour of the Association of Apartment Owners.

“The court said the sooner the Act comes, the better it will be. It will enable the resumption of the sale deed registration process, which is stopped now,” said petitioner counsel Mohit Agarwal.

No flats have been registered in the state since May 12.