Orissa HC sets three month deadline for making apartment ordinance operational

The court fixed the time limit on Monday while disposing of a PIL filed by Bimalendu Pradhan, a resident of Bhubaneswar in 2021.
Representational image of Orissa High Court.
Representational image of Orissa High Court.

CUTTACK: The Orissa High Court has given three months to the state government to make the Odisha Apartment (Ownership and Management) Ordinance, 2023 operational.The court fixed the time limit on Monday while disposing of a PIL filed by Bimalendu Pradhan, a resident of Bhubaneswar in 2021.

The petition challenged the validity of the Odisha Apartment Ownership (Amendment) Rules 2021 on the ground that it is contrary to provisions of the Real Estate (Regulation and Development) Act, 2016. The counsels for the state government and Odisha Real Estate Real Estate Regulatory Authority (ORERA) stated that with the promulgation of the Odisha Apartment (Ownership and Management) Ordinance, 2023 had rendered infructuous the petition.

The ordinance promulgated on May 29 was notified on July 2. It had repealed the Orissa Apartment Ownership Act, 1982  and made the state compliant to Real Estate (Regulation and Development) Act, of 2016. The ordinance facilitated formation of an ‘association of allottees’ - a body that will minister the affairs of the apartment project or property including the common areas and facilities.

When the petitioner counsel Mohit Agarwal pointed out that the ordinance is not operational as the required rules had not been framed, additional government advocate DK Mohanty stated if the state government is allowed three months’ time, the rules under the said ordinance shall be framed by then.

The division bench of Justice Subhasis Talapatra and Justice Savitri Ratho said, “We make it absolutely clear that within such time (three months) as suggested by additional government advocate, the rules under the 0rdinance shall be framed and given effect to. This court will not allow any prayer for extension of time.”

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