Orissa High Court issues notice to government over non-appointment of authority

Source:-https://www.newindianexpress.com/

CUTTACK: The Orissa High Court has issued notice to the State government on a petition seeking intervention against its inaction in appointing a competent authority for registration of association of apartment owners required under the Odisha Apartment Ownership Act, 1982.

The petition said an absolute vacuum like situation is prevailing for the past five years owing to non-appointment of competent authority and not a single association of apartment owners in the State has been registered due to it.

Dilip Kumar Jena, a resident of Kaustav apartment at Patia in Bhubaneswar, had filed the petition. Advocate Mohit Agarwal argued the case for Jena when the petition was taken up for hearing through video conference on Monday.The single judge bench of Justice S Pujahari posted the matter to February 9 for hearing along with the response to the notice by then.

According to the petition, the Director of Town Planning was appointed as competent authority under the law. But the power of Director as competent authority had ceased with amendment of the Act in 2015. Accordingly, the amended provisions of the Act provided for another competent authority.

The petition said the Director of Town Planning had moved the Principal Secretary, Housing and Urban Development department for appointment of the competent authority through a letter on April 15, 2017, but the same has not been complied with.

The amended provisions stipulated the formation of association of apartment owners to undertake the maintenance of common facilities in the apartment.

Every association of apartment owners was ought to have its bye-laws and owners of the flat ought to subscribe to the said bye-laws. The bye-laws were to be submitted and registered with the competent authority so as to ensure compliance of the norms.