Authority: High Court of Orissa at Cuttack
Order Date: 31 July 2026
Case Overview
- Petitioner: Vishnu Associates Pvt. Ltd., a real‑estate developer, sought registration of its “Exotica Garden” project (79 duplexes, 40 constructed) under the Orissa Real Estate (Regulation and Development) Act, 2017.
- Opposite parties: Odisha Real Estate Regulatory Authority (ORERA) and District Urban Development Agency (DUDA) along with the State of Odisha.
- The petitioner filed a writ under Articles 226 and 227 after ORERA rejected its registration application on 27 Oct 2021, citing delay beyond the statutory period and lack of final DUDA approval.
- ORERA argued the application was defective and the deeming provision of Section 5(2) did not apply; DUDA contended the petitioner had not submitted required documents and the approval was still pending.
- The petitioner relied on Section 5(2) claiming deemed registration from 1 Aug 2018 because ORERA neither approved nor rejected within 30 days.
Final Outcome
- The Court held the writ is maintainable despite the existence of an appeal remedy.
- It ruled that Section 5(2) applies only to a valid, complete application; the petitioner’s application was defective, so deemed registration does not arise.
- The Court found ORERA’s rejection after a 1.5‑year delay unlawful, as the statute mandates a decision within 30 days and does not permit extensions.
- The Court directed DUDA to render a decision on the petitioner’s pending approval application within seven days of receipt of the certified copy of this order.
- Upon approval by DUDA, the petitioner may file a fresh registration application before ORERA, which must be processed strictly in accordance with Section 5.
Topics: Real Estate Registration, Regulatory Compliance