Case Law Details
Bimalendu Pradhan Vs State of Odisha & Others (Orissa High Court)
High COurt held that Registering Authority is bound to refuse to register an instrument for transfer of immovable property the ‘alienation or transfer of which is prohibited at any State and Central Act’. With the RERA Act mandating that the transfer of common areas should only be effected in favour of an Association of Apartment Owners, sale deeds presented for registration which contain clauses contrary thereto cannot be allowed to be registered by the IGR. It should not be difficult, therefore, for the IGR to issue instructions that Section 22-A of the Registration Act, 1908 shall be strictly complied with by all the registering authorities in Odisha.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
1. On the very first date of the hearing of this petition on 7th July, 2021 Court had noted the central issue which is the inconsistency between the Odisha Apartment Ownership (Amendment) Rules, 2021 and Sections 11(4)(e)(f) and 17 of the Real Estate (Regulation and Development) Act, 2016 (‘RERA Act’).
2. In a subsequent order dated 5th April, 2022 the Court had noted that in a letter addressed by the Odisha Real Estate Regulatory Authority (ORERA) to the Inspector General of Registration (IGR) on 14th May, 2019 attention was drawn to Section 17 (1) of the RERA Act specifically stating that requests for registration of conveyance deeds in respect of real estate projects should be rejected if the ownership of the common areas is not conveyed to the association of allottees as is required under the said provision. This Court then asked ORERA to make clear its stand on the main prayer in the petition which was for declaring the Odisha Apartment Ownership (Amendment) Rules 2021, which mandates that an association of apartment owners will be formed in an apartment only after the execution of conveyance deeds, on the ground that it is repugnant to Section 11(4) (e), Section 11(4)(f) and Section 17 of the RERA Act.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
