Orissa High Court Suspends Govt Notification on Pre-RERA Apartment Registration in Odisha
The Orissa High Court has issued a temporary stay on a recent state government notification that allowed the sale and registration of apartments constructed before the establishment of the Real Estate Regulatory Authority (RERA). The notification was chal
Orissa High CourtReraOdisha Apartment Ownership ActGovernment NotificationApartment RegistrationReal Estate NewsFeb 12, 2025
The Housing and Urban Development (H&UD) Department had issued this notification on February 1, 2024, allowing the registration of apartments built before the enactment of the Real Estate (Regulation & Development) Act, 2017.
However, the High Court suspended the directive while hearing a petition challenging its validity.
The petitioners argued that the Odisha Apartment Ownership Act, 2023, was enacted to replace the earlier Odisha Apartment Ownership Act, 1982, but the new law 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 stated that the 2023 Act would not apply to apartments built before RERA came into effect.
However, the petition 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.
Taking this argument into account, 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 next Wednesday (February 19).
Frequently Asked Questions
What is the Real Estate Regulatory Authority (RERA)?
The Real Estate Regulatory Authority (RERA) is a regulatory body established to protect homebuyers, promote a transparent real estate market, and ensure accountability in the real estate sector. It was introduced under the Real Estate (Regulation & Development) Act, 2017.
What is the Odisha Apartment Ownership Act, 2023?
The Odisha Apartment Ownership Act, 2023, is a law that replaces the earlier Odisha Apartment Ownership Act, 1982. It sets the minimum requirements for the sale of apartments, including valid occupancy certificates, society registration certificates, and declarations.
Why did the High Court issue a stay on the government notification?
The High Court issued a stay on the government notification because it was challenged in court on the grounds that the government was attempting to override a law passed by the legislature through an executive instruction, which is legally untenable.
What are the minimum requirements for selling a flat under the new Act?
Under the Odisha Apartment Ownership Act, 2023, the minimum requirements for selling a flat include a valid occupancy certificate, society registration certificate, and a declaration.
When is the next hearing scheduled?
The next hearing is scheduled for next Wednesday (February 19).
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