Bhubaneswar Authority Approves Plan for Illegal Building Despite Demolition Order
In a shocking development that has raised serious questions about regulatory oversight, the Bhubaneswar Development Authority (BDA) has approved a building plan for a five-storey residential structure at Andilo, Balianta, on the outskirts of Bhubaneswar. This approval comes despite an existing demolition order issued by the housing and urban development department against the very same building.
Background of the Controversial Structure
Documents and official records reveal that the residential building was originally constructed without obtaining proper building plan approval from the BDA. Furthermore, the developers failed to secure a no-objection certificate from the water resources department, as the approach road passes through a canal embankment area—a critical regulatory requirement.
In May 2019, the BDA formally rejected the promoter's application for plan approval specifically on these grounds. Enforcement proceedings were subsequently initiated under the Odisha Development Authorities Act, leading to an order to stop construction in 2018. However, construction continued unabated despite these legal interventions.
Legal Battles and Regulatory Actions
The structure was eventually completed and flats were sold to buyers, triggering multiple legal battles. The matter reached the Odisha Real Estate Regulatory Authority (ORERA) in June 2022, which declared the construction illegal and ordered the flats to be vacated. In a subsequent hearing in June 2023, ORERA awarded Rs 2 crore in compensation to buyers against the promoter.
In April 2025, the housing and urban development department upheld the BDA's enforcement action and passed a formal order directing the demolition of the unauthorized structure. However, in July 2025, the Orissa High Court, taking note that residents were already occupying the building, ordered status quo while not staying the findings regarding the construction's illegality.
The Contentious Approval
The recent approval, allegedly granted by BDA's planning wing in December of last year, has now become the center of controversy. Landowners have alleged that the sanction was issued without giving them a proper hearing and in complete disregard of the urban development department's demolition order, which remains sub judice before the high court.
Complainant Bandita Singh expressed outrage, stating, "This is totally illegal and we stand against it. The promoter defied all the norms. Despite that, the approval was granted, which is shocking." Landowners also claim that BDA officials delayed furnishing information under the Right to Information Act and only disclosed the approval during a subsequent appeal hearing.
Current Status and Demands
The building contains 16 three-bedroom-hall-kitchen (3-BHK) flats, with 10 families currently residing in them. Each flat was originally purchased for approximately Rs 30 lakh per unit. The landowners are now seeking the intervention of the BDA vice-chairman, demanding:
- Cancellation of the recent building plan approval
- Departmental action against officials responsible for the decision
- Proper adherence to statutory and judicial orders
The BDA has refused to issue an official statement on the matter, further complicating the situation. This case highlights significant challenges in urban development regulation and raises important questions about:
- The consistency of enforcement actions by development authorities
- The protection of homebuyers' rights in unauthorized constructions
- The coordination between different regulatory bodies in the real estate sector
- The implementation of judicial and departmental orders in urban planning
As the controversy continues to unfold, stakeholders await further developments that could set important precedents for how similar cases are handled in Odisha's rapidly developing urban landscape.
