Orissa High Court
Grand Bazaar Developers Llp vs State Of Odisha And Others .... Opposite ... on 11 February, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.244 of 2025
(In the matter of an application under Articles 226 of the Constitution of India, 1950)
Grand Bazaar Developers LLP .... Petitioner
having its registered office at 71,
Bentinck Street, Kolkata, West
Bengal
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. S.P. Mishra,
Sr.Advocate.
Mr. S. Mishra,
Advocate.
For Opposite Parties- Mr. B.P. Tripathy,
Advocate.
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing and Judgment :11.02.2025
A.C. Behera, J. This writ petition has been filed by the M/s Grand
Bazaar Developers LLP being the petitioner (promoter of the projects)
challenging an order dated 23.12.2024 (Annexure-15) passed in MSL
No.1565 by the Odisha Real Estate Regulatory Authority in short RERA
(opposite party No.2) imposing conditions therein for the completion of
the projects by the petitioner stipulating that, if the promoter (petitioner)
fails to abide the imposed conditions, the RERA (opposite party No.2)
would be constrained to revoke the registration certificate of the
petitioner (promoter).
2. Heard from the learned senior counsel for the petitioner and the
learned senior counsel for the Odisha Real Estate Regulatory Authority
(opposite party No.2).
3. During course of hearing, the learned senior counsel for the
petitioner-cum-promoter submitted an affidavit after serving copy thereof
on the learned senior counsel for the opposite party No.2 indicating
therein about the detailed criteria and procedures to be followed for
completion of all the statutory requirements of Phase-1 project. Because,
the extended time limit for completion of the Phase-I project provided by
the RERA (opposite party No.2) has already been expired and submitted
for the final disposal of this writ on the basis of the affidavit submitted by
the petitioner.
4. Though, the learned senior counsel for the opposite party No.2 did
not disagree with the criteria indicated in the affidavit filed by the writ
petitioner (promoter), but raised one question i.e. there is no specific
indication/clarification in the affidavit of the petitioner about the time
limit for providing occupancy certificates to the home buyers/allottees by
the petitioner after complying all the statutory requirements including
completion of registration of the deeds of transfer.
5. When, the petitioner (promoter) and the statutory authority i.e.
RERA (opposite party No.2) both are agreed with the criteria indicated in
the affidavit filed by the petitioner, then at this juncture, it is felt proper to
dispose of this writ petition finally on the basis of the affidavit submitted
by the petitioner (promoter) forming the affidavit filed by the petitioner
as a part of the judgment of this writ imposing some additional
criteria/conditions to be complied with by the parties and CDA.
Because, this Writ Court being a Court of equity is invested with
all powers under law to pass an order including directions to the statutory
authorities, those are related with the matters involved in this writ even an
authority is not a party to this writ, for no other reason, but in order to
safeguard/protect the object of the legislations i.e. The Odisha Real Estate
(Regulation & Development) Rules, 2017 and The Odisha Apartment
(Ownership and Management) Act, 2023 and Rules, 2024.
6. When, it is held that, this writ petition is to be disposed of finally
forming the affidavit filed today by the petitioner (promoter) as a part of
the judgment of this writ imposing some other criteria/conditions in order
to protect/safeguard the interest of the homebuyers of the project i.e.
Phase-I, then at this juncture, the order dated 23.12.2024 (Annexure-15)
passed in MSL No.1565 by the Odisha Real Estate Regulatory Authority
in short RERA (opposite party No.2) cannot be sustainable under law.
7. In the result, the order dated 23.12.2024 (Annexure-
15) passed in MSL No.1565 Odisha Real Estate Regulatory Authority in
short RERA (opposite party No.2) is set aside.
8. The writ petition filed by the petitioner (promoter) is disposed of
finally on the basis of the affidavit filed today by the petitioner
(promoter) forming the said affidavit as a part of the judgment of this writ
imposing following other conditions to be complied with by the parties
along with Cuttack Development Authority (CDA). Because, the Cuttack
Development Authority (CDA) has some statutory duties and obligations
to be complied with for fulfilling the object of law i.e. The Odisha Real
Estate (Regulation & Development) Rules, 2017 and The Odisha
Apartment (Ownership and Management) Act, 2023 and Rules, 2024.
9. Additional conditions/criteria to be complied with by the parties
and Cuttack Development Authority (non-party to this writ) along with
the criteria indicated in the affidavit of the petitioner are as follows:-
(i) The petitioner (promoter) of this writ i.e. M/s
Grand Bazaar Developers LLP (promoter) shall complete
all the statutory requirements of the The Odisha Real Estate
(Regulation & Development) Rules, 2017 and The Odisha
Apartment (Ownership and Management) Act, 2023 and
Rules, 2024 including completion of registration of the
deeds of transfer in favour of homebuyers of Phase-I project
within a period of 4 months hence positively.
(ii) The Cuttack Municipal Corporation (opposite
party No.3) shall grant occupancy certificate to the
developer (petitioner) within a month hence positively
complying all the statutory requirements of law, but, in case
of any defect or deficiency in the occupancy certificate of
the developer, the rectification/correction shall be made by
the opposite party No.3 within a period of 15 days from the
date of issuance of occupancy certificate on the application
of the developer (promoter).
(iii) If, the petitioner shall not take any step for the
rectification of the defects in the occupancy certificate
approaching Cuttack Municipal Corporation (opposite
party No.3) within 15 days from the date of issuance of the
same, the RERA (opposite party No.2) is at liberty to
proceed against the promoter (petitioner) in accordance
with law.
(iv) In order to achieve the object of the legislations i.e.
The Odisha Real Estate (Regulation & Development) Rules,
2017 and The Odisha Apartment (Ownership and
Management) Act, 2023 and Rules, 2024, the CDA (non-
party to this writ petition) is directed to register association
of the homebuyers of the project i.e. Phase-I of the
petitioner (promoter) to the pending applications before it
within a period of one month hence positively.
(v) The petitioner is at liberty to proceed with the
constructions and to comply with the statutory requirements
in respect of Phase Nos.II, III & IV.
In case of failure of the petitioner (promoter) to comply the criteria
indicated in the affidavit of the petitioner and the above conditions
imposed by this Court in this judgment, any of the aggrieved parties to
the same is at liberty to approach this Hon'ble Courts for appropriate
actions under law against the violators thereof.
Further, it is also made clear in this judgment that, in case of failure
of the petitioner to comply the criteria indicated in the affidavit and the
conditions imposed in this judgment within the stipulated period of four
months, the statutory authority i.e. RERA (opposite party No.2) can
proceed as per law against the petitioner for safeguarding the interest of
the homebuyers.
10. Registry is directed to communicate the copies of this judgment
along with copies of the affidavit filed today by the petitioner to all the
opposite parties including Cuttack Development Authority.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
11.02.2025//Utkalika Nayak//
Junior Stenographer
Signature Not
Verified
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of W.P.(C) No.244 of 2025
Orissa, Cuttack
Date: 11-Feb-2025
17:15:17
