High Court Requests Clarification On Flat Registration Restrictions in Odisha
High Court Requests Clarification On Flat Registration Restrictions in Odisha
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Cuttack: The Orissa High Court has ordered the Inspector General of Registration (IGR) to issue a clarification on the applicability of restrictions on apartment registration.
While hearing a PIL challenging the validity of the Odisha Apartment Ownership (Amendment) Rules, 2021, a two-judge bench of Chief Justice S Muralidhar and Justice M S Raman pointed out the ambiguity related to the word 'finished' in the public notice issued on July 14, 2022 on Wednesday.
According to the public notice, the limits will not be placed on any project that was "finished" prior to the adoption of the RERA Act in 2016.
The IGR has now been asked to inform the clarification as a 'corrigendum' as soon as possible and to publicize it widely."
IGR stated in his affidavit that the limits will not apply to projects that acquired "complete certificates from competent authority" prior to May 1, 2017, the effective date of the Real Estate Regulatory Authority (RERA) Act, 2016.
On May 12, the HC urged the IGR to strictly ensure that any future sale deeds comply with the RERA Act and its restrictions. As a result, IGR ceased all registrations.
Notably, the petitioner, Bhubaneswar-based apartment owner Bimalendu Pradhan, claimed that the Odisha Apartment Ownership (Amendment) Rules 2021 were in violation of the RERA Act, 2016.
