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The Supreme Court has stayed an Odisha High Court order that had excluded a residential project in Pahala from the state's RERA framework. The High Court had ruled that a completion certificate issued in 2015 placed the project outside RERA's scope. The apex court's intervention has reopened questions around whether a completion certificate alone is sufficient without an occupancy certificate or mandatory safety approvals. The stay has renewed regulatory uncertainty for similar pre-RERA projects and could affect ongoing homebuyer complaints across Odisha.
The Supreme Court has stepped in to halt a recent Odisha High Court ruling that had removed a residential real estate project from regulatory oversight under the Odisha Real Estate (Regulation and Development) Act. The dispute relates to a project located in Pahala near Bhubaneswar, where the developer relied on a completion certificate issued in 2015 to argue that the project stood outside the RERA framework. Advertisement
The High Court had earlier accepted this argument, holding that projects completed before the implementation of RERA were not required to register under the law. Based on this view, the court had set aside orders passed by the Odisha Real Estate Appellate Tribunal, which had heard complaints filed by homebuyers against the developer.
However, the Supreme Court has now stayed the High Court's judgment, bringing the project back under legal scrutiny. The apex court indicated that the mere existence of a completion certificate may not be sufficient to determine whether a project is fully completed for regulatory purposes. It noted that other approvals, such as occupancy certificates and fire safety clearances, also play a critical role in establishing completion.
Legal observers point out that this distinction is important, as several projects across Odisha received completion certificates before RERA but continued construction activities or lacked essential approvals even after the law came into force. RERA provisions apply to projects that were ongoing at the time of implementation, particularly where homes had not been legally handed over to buyers.
The Supreme Court's intervention has reopened the broader question of how pre-RERA projects should be treated when compliance remains incomplete. It also places renewed focus on the protection of homebuyers, many of whom have approached regulatory authorities alleging delayed possession and missing approvals despite claims of project completion.
The case will continue to be heard by the Supreme Court, and its final decision is expected to clarify whether regulatory authorities can examine such projects beyond the date mentioned on a completion certificate.
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