CUTTACK: The Orissa High Court has fixed January 20 to hear a fresh petition challenging the special order issued by the state government allowing resale of flats by homebuyers facing problems over occupancy certificates.
The division bench of Chief Justice Harish Tandon and Justice MS Raman adjourned the matter on Wednesday after taking note of the background of the case.
Bhubaneswar-based real estate activist Bimalendu Pradhan filed the fresh petition seeking stay of operation of the notification vide special order dated December 3, 2025 issued by the state Housing and Urban Development department. Advocate Mohit Agarwal represented petitioner.
Initially, Pradhan had filed a petition seeking intervention against the notification issued by the H&UD department on February 1, 2025 as it allowed non-application of Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) in case of apartments completed before the commencement of the Real Estate (Regulation and Development) Act in the state before February 25, 2017.
In the OAOM Act, there is a clear bar for registration of an apartment if it does not have occupancy certificate and if the association of allottees of the apartment has not been formed and registered. Acting on it, the high court on February 12, 2025 issued a stay on the notification which is still in operation.
In the fresh petition, Pradhan alleged that the state government had issued the latest notification under section 35 of the OAOM Act, bypassing directions of the high court. Earlier, the government had rescinded its notification dated February 1, 2025 and subsequently issued the impugned order granting exemption to flats sold prior to October 5, 2016 from the requirements of section 8(2) of the Act of 2023, citing “undue hardship” faced by homebuyers in reselling their flats.
The petition contended that the exemption is arbitrary, without jurisdiction, and contrary to statutory provisions. Section 8(9) of the Act of 2023, read with Section 22-A(1) of the Registration (Odisha Amendment) Act, 2013, clearly bars registration of apartments lacking occupancy certificate and a registered association of allottees.
Clause 4 of the impugned notification itself clarifies that violations of building regulations remain actionable, leading to the allegation that while unauthorised occupation is acknowledged as illegal, the sale of such flats has been permitted, potentially endangering public safety, the petition argued.