BHUBANESWAR: A local resident has recently submitted a contempt petition to the Supreme Court, claiming that authorities have not complied with its December order mandating all states and Union Territories to issue circulars enforcing adherence to urban development laws.
The Supreme Court had previously instructed that all buildings—new and old—must comply with approved plans and secure occupancy certificates (OC) to ensure essential services like water and electricity. However, over eight months later, Odisha has reportedly failed to issue such a circular.
Taking the petition into consideration, the Supreme Court stated, “Although the petitioner has invoked the contempt jurisdiction of this court, we will treat this petition as a request for compliance or at least a report on compliance with the directives issued by this court.”
The Court has reissued its December directives in a new order for Odisha, indicating that when granting building planning permission, builders must provide an undertaking that the property will not be handed over to allottees until OCs are obtained.
Furthermore, builders are required to display an approved plan copy at the construction site for authorities to conduct regular inspections, which must be documented in official records.
“After a personal inspection and confirming that the building complies with the approved planning permissions, the occupancy or completion certificate should be issued,” the court added.
All essential services, such as electricity, water supply, and sewerage, should only be provided to buildings after the completion or occupancy certificate has been produced, the Supreme Court noted.
The Court has directed the state government to report compliance with its orders within two weeks. “We urge the respondent to report compliance with the court’s directives,” the order stated.
Real estate expert Bimalendu Pradhan expressed that the order favors regulated real estate development. “The state government should recognize that this order serves the greater public interest. Instead of seeking loopholes, the state should prioritize compliance,” he remarked.
A senior official from the housing and urban development department acknowledged ongoing issues within the real estate sector, stating, “We are working on establishing the necessary regulations.”
