The Orissa High Court has instructed the state government to formulate regulations for implementing the Apartment Ownership and Management Act within three months. The court has maintained the ban on the registration of sale deeds until the regulations are in place. A petitioner had challenged the validity of an amended rule, claiming it conflicted with the Real Estate (Regulation and Development) Act. The state government assured the court that the regulations would be finalized within the given timeframe. This decision aims to promote transparency and accountability in the real estate sector in Orissa.
The Orissa High Court has issued a directive to the state government, urging them to establish regulations for the effective implementation of the Apartment Ownership and Management Act. The court's decision came on Monday, with a stipulation that the government must formulate these rules within a period of three months. However, despite this request, the court has chosen not to lift the stay that was imposed in May of the previous year, which prohibits the registration of sale deeds pertaining to apartments and flats.
Advocate Mohit Agarwal, who was representing a petitioner from Bhubaneswar, conveyed that the court's injunction will persist until the government finalizes the requisite regulations required for implementing the amended act. The petitioner had initially challenged the validity of a modified rule that was enacted in 2021, asserting that it was in conflict with the Real Estate (Regulation and Development) Act of 2016.
Last year, the high court had imposed a ban on the registration of sale deeds and had instructed the government to draft regulations that align with the Real Estate Regulatory Authority (RERA) guidelines. The purpose of this directive was to ensure compliance with the relevant regulations and promote transparency and accountability within the real estate sector.
During the hearing on Monday, the state government's counsel informed the court that the necessary regulations would be established within the prescribed timeframe of three months. It is expected that these regulations will address the concerns raised by the petitioner and align the amended rule with the provisions of the Real Estate (Regulation and Development) Act.
The Apartment Ownership and Management Act plays a crucial role in governing the rights and responsibilities of apartment owners and managing the affairs of apartment complexes. By formulating specific regulations for its implementation, the government aims to streamline the processes and procedures related to apartment ownership and management. These regulations are expected to provide clarity and establish a framework that protects the interests of all stakeholders involved.
The Orissa High Court's decision to maintain the stay on the registration of sale deeds until the regulations are in place highlights the court's commitment to upholding the integrity of the legal system and ensuring that the rights of citizens are protected. It emphasizes the significance of establishing a strong regulatory framework to oversee real estate transactions and prevent any potential malpractices or violations.
The three-month timeframe given to the state government reflects the court's recognition of the need for expeditious action in resolving this matter. It also demonstrates the court's faith in the government's ability to formulate the necessary regulations within a reasonable timeframe.
Overall, this development showcases the ongoing efforts to enhance transparency and accountability in the real estate sector. Once the regulations are established and implemented, they are expected to contribute significantly to the efficient functioning of the apartment ownership and management system in the state of Orissa.
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