Cuttack: Following the Orissa High Court’s stay order on fresh registration of residential flats, the state government has decided to make amendments in the Real Estate (Regulation and Development) (RERA) Act – 2016.
In an affidavit filed in the High Court on Wednesday, the government has stated that it would enact the RERA Act after a partial amendment to facilitate the court’s order. The court, in its order on May 13, had ordered that fresh registration of residential flats cannot be made if those are not handed over to the flat owners’ association.
The order further said no fresh registration of buildings or apartments will be allowed if the builder or developer breaches the provisions of the RERA.
A division bench of the High Court comprising Chief Justice S Muralidhar and Justice Radhakrushna Pattnaik had issued the order after hearing a petition filed by Bimalendu Pradhan. The Bench also directed Inspector General of Registration (IGR) not to take up new registration till further order.
Following this, the IGR under Board of Revenue, in a letter to registering officers in the state on May 18, directed not to register an instrument for transfer, alienation or transfer of of immovable property which is prohibited by the State or Centre.
“With the RERA Act mandating transfer of common areas in favour of the Association of Apartment Owners, sale deeds presented for registration which contain clauses contrary to it cannot be executed and be refused under section 22-A of the Registration Act – 1908,” said IGR Jyoti Prakash Das in the letter. The officials were also asked to comply with the interim order of the High Court in this regard.
In order to comply with the High Court order, the government would make changes in the RERA Act so that the registration of the newly owned property can be facilitated. The court has scheduled next hearing on August 24.
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