Cabinet approves Odisha apartment bill 2023

According to reliable sources, the Odisha Apartment (Ownership & Management) Bill, 2023 was approved by the state cabinet chaired by chief minister Naveen Patnaik on Thursday. The cabinet approved the apartment bill in order to bring the legislation controlling housing projects in line with the Real Estate (Regulation and Development) Act of 2016. The bill requires the formation of associations of allottees of housing projects prior to the first selling deed of any unit in an apartment. The shared parts of the apartment, full property, staircases, and existing facilities were registered proportionally in the name of house buyers. The law will most likely be introduced by the government during the current legislative session. Hearing a PIL on the subject, the Orissa high court expressed hope on Monday that the state government would be ready with the RERA-compliant bill during the current session, which is due to end on April 6. Bimalendu Pradhan, a Bhubaneswar-based apartment owner, has challenged the legitimacy of the Odisha Apartment Ownership (Amendment) Regulations, 2021, claiming that they violate the Real Estate (Regulation and Development) Act, 2016. Mohit Agarwal, an advocate, argued on behalf of the petitioner. On May 12, last year, the high court put an immediate halt to the registration of unit sale documents when the builders fail to indicate transfer of common spaces in favour of the Association of Apartment Owners. The HC made it apparent that actual registration of sale deeds in which share of common spaces has been ceded to individual owners cannot be legally sustained because it is contrary with RERA Act requirements. ...

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