The Housing and Urban Development Department of Odisha has firmly dismissed an appeal filed by a real estate promoter and a group of homebuyers, upholding the Bhubaneswar Development Authority's order to demolish an unauthorized five-storey residential building in Andilo, Balianta.
Coordinated Effort to Bypass Building Norms Exposed
Investigations revealed what appears to be a coordinated effort between the promoter and purchasers to circumvent regulatory standards. The promoter proceeded with construction without obtaining necessary approvals from BDA, instead relying on a building plan sanctioned by the Balianta gram panchayat approximately ten years ago. This approval became invalid after the area came under BDA's jurisdiction in 2011.
Despite lacking mandatory no-objection certificates (NOCs), the promoter continued construction and sold multiple apartments to buyers who were reportedly fully aware of the legal complications surrounding the property. Sources indicate that all parties involved understood the regulatory risks but proceeded regardless.
Failed Regularization Attempt and Legal Complications
The buyers of the disputed property collaborated with the promoter to seek regularization under the state's amnesty scheme. However, the BDA rejected their application due to significant non-compliance with building regulations and approval processes.
The case became further complicated when the landowners, who had initially granted general power of attorney to the promoter, later revoked it unilaterally. This action led to additional legal proceedings through a civil suit, creating a multi-layered legal battle.
Meanwhile, both landowners and the promoter continued to profit from the unauthorized structure by selling and renting out flats despite its illegal status, demonstrating blatant disregard for building safety regulations.
Strict Demolition Order and Wider Implications
In the final order, the principal secretary of the department directed all parties including the promoter, landowners, and current occupants to vacate the premises immediately. The enforcement squad has been authorized to carry out the demolition of the unauthorized structure, with all costs recoverable from both the promoter and landowners.
The order explicitly stated that non-payment of demolition costs would result in recovery as land revenue arrears, including potential attachment of the land on which the illegal structure stands.
This case occurs against the backdrop of increased scrutiny on illegal constructions across Bhubaneswar. In August last year, the government revealed that BDA had recorded 491 cases of illegal constructions, with 191 active demolition orders, 63 cases dropped, and 237 cases currently sub judice.
The authority has been actively executing demolition orders across Bhubaneswar's expanding suburbs and fringe panchayats, particularly those that came under BDA jurisdiction after 2011.
Enhanced Safety Measures Following Recent Incidents
Real estate experts have welcomed the decisive action, especially following the tragic collapse of a residential building balcony in Cuttack. That incident prompted Housing and Urban Development Minister Krushna Chandra Mohapatra to order a statewide demolition drive targeting unsafe, old, and dilapidated buildings.
Real estate expert Bimalendu Pradhan emphasized that "any building which lacks necessary certificates and clearances should be deemed illegal. Wherever possible, authorities should regularize construction, but when not feasible, strong action like demolition should be initiated."
This case sets an important precedent for dealing with unauthorized constructions in Odisha and sends a clear message about the consequences of violating building regulations and endangering public safety.
