The Orissa High Court has issued notice on a petition challenging the Odisha government’s order modifying the Orissa Apartment (Ownership and Management) Act, 2023.
Section 18(1) of the Orissa Apartment (Ownership and Management) Act, 2023 reads as under:-
“The common profits of the property shall be distributed among, and the common expenses shall be charged on, the apartment owners equally irrespective of the undivided interest in the common areas facilities.”
Section 34 of the Act confers upon the State Government jurisdiction to make such provision for removal of any difficulty which may arise in giving effect to the provisions of the Act, and reads as under:-
“34.(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.”
The petitioners argued that the government’s order substituting “equally” with “proportionately” in Section 18(1) contradicts the Act’s statutory mandate.
The court, comprising Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho, issued notice to the state government and directed it to file a counter affidavit.
The petitioners contend that the government exceeded its power under Section 34 of the Act, which allows for removal of difficulties in implementing the Act’s provisions.
The matter has been listed for hearing on December 3, 2024.