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BDA approves building plan of structure meant for demolition

by Constro Facilitator
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BDA approves building plan of structure meant for demolition

The Bhubaneswar Development Authority(BDA) has sanctioned a building plan for a five-storey edifice in Andilo, Balianta, located on the outskirts of the city, despite a demolition order previously issued by the housing and urban development department.

The approval, reportedly granted in December of the previous year, has faced significant backlash from landowners and has raised concerns regarding adherence to statutory and judicial directives that deemed the structure unauthorized and mandated its demolition.

Records and official documents indicate that the residential building was erected without securing the necessary building plan approval from the BDA and without obtaining a no-objection certificate from the water resources department, as the access road traverses a canal embankment area.

In May 2019, the BDA formally denied the promoter’s application for plan approval on these grounds. Following this, enforcement actions were initiated by the BDA under the Odisha Development Authorities Act, resulting in a stop construction order issued in 2018. Nevertheless, construction proceeded.

The building was completed, and flats were sold, leading to additional legal disputes. In June 2022, the case was brought before the Odisha Real Estate Regulatory Authority (ORERA), which ruled the construction illegal and ordered the vacating of the flats. In a subsequent hearing in June 2023, ORERA awarded Rs 2 crore in compensation to the buyers against the promoter. In April 2025, the housing and urban development department affirmed the BDA’s enforcement actions and issued an order for the demolition of the unauthorized structure.

However, in July 2025, the Orissa High Court, acknowledging that residents have been living in the building, ordered a status quo but did not suspend the findings regarding the construction’s illegality. The building contains 16 three-bedroom, hall, and kitchen (3-BHK) flats, with 10 families currently residing there. The flats were purchased for Rs 30 lakh each.

The recent purported approval by the planning division of the BDA has become a matter of contention. Landowners have claimed that the sanction was granted without providing them a fair hearing and in violation of the urban development department’s demolition order, which is currently under judicial review in the high court.

They further asserted that BDA officials postponed providing information as mandated by the Right to Information Act and only revealed the approval during a later appeal hearing. “This is entirely illegal, and we oppose it vehemently. The promoter has disregarded all regulations. It is astonishing that approval was granted despite this,” stated complainant Bandita Singh.

The landowners are now requesting the intervention of the BDA vice-chairman, seeking the annulment of the approval and disciplinary action against the officials involved in the decision. Meanwhile, the BDA has declined to provide an official comment on the matter.

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