BHUBANESWAR: The housing and urban development department has rejected an appeal from a promoter and a group of homebuyers, affirming the Bhubaneswar Development Authority’s (BDA) decision to demolish an unauthorized five-storey residential building in Andilo, Balianta.
The case highlighted a deliberate attempt by the promoter and buyers to circumvent regulatory requirements. It is alleged that the promoter constructed the building without BDA approval, using an outdated building plan from the Balianta gram panchayat, which was valid before the area came under BDA jurisdiction in 2011.
Despite not securing the necessary no-objection certificates (NOCs), the promoter allegedly proceeded with construction and sold multiple flats to buyers who were aware of the legal issues, according to sources.
The buyers joined forces with the promoter to seek regularization under the amnesty scheme, which was eventually rejected by the BDA for non-compliance.
The department noted that the landowners not only empowered the promoter with a general power of attorney but also later revoked it unilaterally, which led to a civil suit. Meanwhile, both landowners and the promoter continued to profit from selling and renting flats within the unauthorized structure.
In the order, the principal secretary directed all parties, including the promoter, landowners, and occupants, to vacate the premises. The unauthorized structure will be demolished by the enforcement squad, with costs recoverable from both the promoter and the landowners.
“Failure to pay will lead to recovery as land revenue arrears, including attachment of the land on which the structure has been built. Therefore, this court upholds the earlier order passed by the BDA, and the appeal is dismissed,” the order stated.
Last August, the government reported in the assembly that the BDA had recorded 491 cases of illegal constructions, with 191 having active demolition orders, while 63 were dropped and 237 are still under litigation. The authority began enforcing these orders across Bhubaneswar’s expanding suburbs and surrounding panchayats, many of which were incorporated into the BDA post-2011.
Experts have emphasized the significance of this decision, especially after the tragic collapse of a residential building balcony in Cuttack, prompting housing and urban development minister Krushna Chandra Mohapatra to initiate a statewide demolition drive targeting unsafe and deteriorating buildings.
“Any building lacking the required certificates and clearances should be considered illegal. While authorities should aim to regularize constructions where possible, they must take decisive actions, such as demolition, when necessary,” real estate expert Bimalendu Pradhan stated.
