Orissa High Court Suspends Govt Notification on Pre-RERA Apartment Registration
The Orissa High Court has temporarily stayed a state government notification that permitted the sale and registration of apartments constructed before the Real Estate Regulatory Authority (RERA) came into effect.
Orissa High CourtReraOdisha Apartment Ownership ActGovernment NotificationReal EstateReal EstateFeb 12, 2025
This decision came after a petition challenging the validity of the notification was filed.
The Housing and Urban Development (H&UD) Department had issued the notification on February 1, 2024, permitting the registration of apartments built before the Real Estate (Regulation & Development) Act, 2017, came into effect.
The petitioners argued that the Odisha Apartment Ownership Act, 2023, which replaced the Odisha Apartment Ownership Act, 1982, did not introduce any additional compliance requirements for apartment sales.
They emphasized that under the new Act, a valid occupancy certificate, society registration certificate, and declaration are the minimum requirements for selling a flat.
The contentious government notification had stated that the 2023 Act would not apply to apartments built before RERA came into effect.
However, the petitioners pointed out that the Odisha Apartment Ownership Act, 2023, explicitly states that it applies to all apartments, regardless of when they were constructed.
The petition further alleged that the state government attempted to override a law passed by the legislature through an executive instruction, which is legally untenable.
The High Court accepted the petition for hearing and issued a stay on the notification.
Reacting to the court’s decision, Housing and Urban Development (H&UD) Minister Krushna Chandra Mahapatra stated that the government would carefully examine the court order and take appropriate steps accordingly.
The High Court has directed the Urban Development Department to file its response at the earliest.
The next hearing is scheduled for February 19, 2024.
This development has significant implications for the real estate sector in Odisha, as it affects the legal framework governing the sale and registration of pre-RERA apartments.
Frequently Asked Questions
What is the Real Estate Regulatory Authority (RERA)?
RERA is a regulatory body established under the Real Estate (Regulation & Development) Act, 2017, to protect the rights of homebuyers and promote transparency in the real estate sector.
What did the controversial government notification allow?
The notification issued by the Housing and Urban Development (H&UD) Department allowed the sale and registration of apartments built before the Real Estate (Regulation & Development) Act, 2017, came into effect.
What are the requirements for selling a flat under the Odisha Apartment Ownership Act, 2023?
Under the Odisha Apartment Ownership Act, 2023, a valid occupancy certificate, society registration certificate, and declaration are the minimum requirements for selling a flat.
Why did the petitioners challenge the government notification?
The petitioners argued that the state government attempted to override a law passed by the legislature through an executive instruction, which is legally untenable, and that the 2023 Act explicitly states it applies to all apartments, regardless of when they were constructed.
What is the next step in the legal process?
The High Court has directed the Urban Development Department to file its response at the earliest, and the next hearing is scheduled for February 19, 2024.
Related News Articles
Arvind SmartSpaces Ltd Sees Impressive Growth with 49% YoY Increase in Bookings
Arvind SmartSpaces Limited announces its Q1 FY25 financial results, boasting a 49% YoY growth in bookings and a 21% increase in collections.
PCMC Contract Worker Arrested in Bribery Case: Water Inspector Remains at Large in Pune
In a significant development, a PCMC contract worker has been arrested in a bribery case, while the water inspector remains on the run. The incident has raised concerns about corruption in public services in Pune, a city known for its rapid growth in real
Country Garden's Sales Decline Deepens in January, Adding to Troubles
Country Garden, one of China's largest real estate developers, has reported a significant drop in sales for January, exacerbating the company's ongoing challenges in the volatile property market.
Alt, the Holding Company for Property Share, to Raise Rs 2.8K Cr in New Funding
Mumbai: Alt, the holding company for Property Share, a leading platform in fractional real estate ownership, is set to raise Rs 2.8K crore. This move is expected to further boost the company's market presence and expand its innovative real estate solution
Pune Real Estate: Property Registrations Decline but Stamp Duty Collections Remain Stable
Pune's real estate market witnessed an 8% Year-on-Year decline in property registrations in January 2025, with a total of 16,330 properties registered. Despite this, stamp duty collections remained steady at ₹590 crore.
Good News! State Government Plans Cancer Hospital in Pune Amid Growing Patients
The state government has announced plans to build a specialized cancer hospital in Pune, a city with a rapidly growing population and increasing number of cancer patients. This move is expected to significantly enhance healthcare services and provide much