CUTTACK: Odisha Real Estate Regulatory Authority’s (ORERA) bid to pave way for the formation of the “Association of Allottees” hit a roadblock on Friday with the Orissa High Court directing it to keep in abeyance the notification it had issued regarding it on September 28.
The notification stated that the promoters and allottees shall form an association as ‘Associations of Allottees’ as required under Section 11(4) (e) of the Act, which may be registered under the Societies Registration Act (SR Act).
Bimalendu Pradhan, a Bhubaneswar-based apartment owner who has challenged the validity of Odisha Apartment Ownership (Amendment) Rules 2021 filed a fresh petition seeking intervention against the ORERA notification.
When the court allowed a hearing on it after special mention, petitioner counsel Mohit Agarwal submitted that such notification creates further confusion, particularly since the Inspector General of Registration (IGR) by letter on January 12, 2021, restricted the formation of such association under the SR Act since it does not fall under the definition of Section 2 (o) of the SR Act.
During hearing on Pradhan’s petition on September 27, the State counsel had stated that the government is already preparing a new Odisha Apartment Ownership Management Bill in consultation with the stakeholders and will eventually be tabling it in the State Assembly.
Agarwal further pointed out that though ORERA counsel appeared in the court on September 27, 2022, there was no indication from him that such an instruction was contemplated to be issued even when this court is seized of the matter.
Acting on it the division bench of Chief Justice S Muralidhar and Justice Chittaranjan Dash said, “In view of the concerns expressed and considering that the Puja vacation begins tomorrow, it is directed that till the next date, the said direction dated 28th September, 2022 issued by ORERA shall be kept in abeyance.” The Bench fixed October 12 for further consideration of the petition along with connected matters.