BHUBANESWAR: The Bhubaneswar Municipal Corporation (BMC) has instructed the removal of unauthorized construction at a multi-storied apartment complex in Sampur after a thorough investigation under the Orissa Development Authorities Act, 1982.
The order was issued by the ODA court following multiple complaints from homebuyers in the same project, who reported deviations from the approved building plan.
According to the court’s findings, the developer failed to adhere to essential requirements, including setbacks, internal road width, and inter-block gaps. A field verification report indicated significant setbacks in the residential project.
The internal road measured only 16.9 to 18 feet instead of the required 20 feet, and the gap between blocks was only 2.7 meters where 3 meters was mandated. Additionally, the project lacked an occupancy certificate, according to sources.
The developer’s request for regularization under the 2019 scheme and reliance on the 2020 Rules was declined, with the court noting that the project deviations are ‘non-compoundable’.
Referencing a recent Supreme Court ruling, the ODA court mandated strict action against illegal constructions, directing the builder to demolish the unauthorized sections within two weeks. Failure to comply will lead to enforcement by BMC officials, affecting around 36 flats identified with irregularities.
Real estate expert Bimalendu Pradhan commented that both builders and planning authorities share responsibility in this matter. “The builders exceeded their approvals, violating setback and floor area ratio regulations,” he stated.
Pradhan questioned why the Bhubaneswar Development Authority (BDA) took no action following the project approval in 2011, which was valid for three years, even after irregularities emerged in 2014. “The builder was allowed to deviate with no site visit from the BDA, and the occupancy certificate was rejected in 2021,” he remarked.
Homebuyers expressed concern over why it took the authorities five years to initiate demolition when they were aware of the illegalities since 2021. “The sub-registrar approved sale deeds without an occupancy certificate. Now, due to the builder’s deviations, we are the ones suffering,” the buyers lamented.
