IN THE HIGH COURT OF ORISSA AT CUTTACK (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 Regulat