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Time of India
10-07-2025
- Business
- Time of India
BDA lets housing society cut power, water over dues
1 2 Bhubaneswar: In a historic first in Odisha, the Bhubaneswar Development Authority (BDA) issued a landmark order in favour of an association of allottees of a major residential project. This order empowers the association to disconnect essential supplies to a few units in the project if they fail to pay the monthly maintenance charge for a continued period. The association of allottees moved the competent authority with a complaint about the wilful non-payment of common expenses by some flat owners. The BDA, hearing the plea, passed the order in favour of the allottees' association, citing the provisions in the Odisha Apartment (Ownership and Management) Act of 2023. According to the case history, four of the house owners out of the total 160-odd houses in the project refused to pay the monthly maintenance charge to the association. They cited that it had not registered as per the act so far and that the maintenance of the common area and facilities in the apartment should be taken care of by the promoter. The secretary of the association, however, provided the reason that the association had already been registered, and the common areas and facilities had been handed over to the association. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo For the maintenance of the common areas and facilities, a fixed individual contribution must be made by each of the allottees, the association argued. The BDA, hearing the case, cited Section 19 (1) of the Odisha Apartment (Ownership and Management) Act, 2023, which states that if an apartment owner either wilfully violates or evidently threatens to violate the provisions of this Act, including failure to pay the common expenses for a period of more than three months, the association of allottees can cut off the essential supplies to the defaulters. The BDA, concluding the hearing in the matter, stated: "The allottees are directed to clear the outstanding dues towards the common expenses of the association within one month from the date of issue of this order." It further stated that the association is at liberty to proceed with action as mentioned in the Act on the expiry of the one month's notice against the allottees for failure to comply with the order. Real estate experts welcomed the move, citing that it will create a sense of responsibility among people living in apartments. "In apartments, everyone has shared responsibility, and this should be realised by everyone living in it. Some people do wilfully refuse to take these responsibilities, resulting in resentment among others," expert Bimalendu Pradhan said, citing the order as an eye-opener.
Time of India
28-06-2025
- Business
- Time of India
HC orders bring shift in real estate sector, protect homebuyers' interests
Bhubaneswar: A series of orders passed by the Orissa high court recently, mostly in homebuyers' interest, are likely to bring a major shift in the real estate sector, particularly in Bhubaneswar. Experts believe that the monopoly of developers is finally diminishing. Hearing a plea from an allottee's association of a major housing project at Paikarapur in Kalinga Nagar, the Orissa HC brought a stay on the construction of an approach road by the developer to another of his projects since it was allegedly taken up in the common area of the existing housing project. The builder, in this context, was executing a housing project in phases, which was never disclosed to the owners of the first project. The builder fraudulently obtained plan approval from authorities and forcefully demolished a boundary wall, which was in the common area of the first project. "According to the Apartment Ownership Act, the builder should hand over the common areas and the facilities to us and has no rights on the land, but here the builder used force. We approached the HC and received a verdict in our favour," said president of the housing society Ajit Kumar Choudhury. In another verdict, the Orissa HC adjourned the matter in a case filed by a developers' association seeking a change in an ORERA notification, which says that all developers should keep 1% of the project value in its account for five years to cover expenses for any structural damage. As per rules, the closure of a project can only be announced, and an occupancy certificate issued to a project if developers adhere to keeping the 1% of the project value, but it was challenged in the HC, and the verdict went in favour of the rules. "ORERA in its notification mentioned that 1% amount should be kept in its account as security, which is to be utilised for maintenance till five years. A city-based developers' association challenged this notification, but the matter was adjourned," said real estate expert Bimalendu Pradhan. Another case was filed a few months back to ensure appointments of the chairperson and members of ORERA, as all three positions went vacant since May 2025. In the meantime, the govt has filled up all positions but doubts have been raised about the qualifications of one of the appointed members. The HC, hearing the case on June 25, kept the matter and gave a next date of hearing. "The orders passed by the High Court recently have instilled hope among the buyers that they can fight for their own rights and win," Pradhan said. In another case, a complaint was raised on two major issues: Was BDA correct in giving plan approval to a project within a BMC area after the power to approve plans was delegated from BDA to BMC in 2015, and was the revised plan valid? The HC asked the BMC to dispose of the matter in two months. In yet another case, the HC heard whether a project being executed in phases should have one association or multiple ones. The matter was challenged by a major city-based developer, on which the HC brought a stay order on the use of common areas.
Time of India
23-06-2025
- Business
- Time of India
Experts welcome rationalisation of land types, status in Odisha
Bhubaneswar: Real estate experts have welcomed govt's move to rationalise the kisams, or types, and swatwas, or statuses, of land in Odisha. They cite that it will remove the long-prevailing confusions and bottlenecks in land transactions. Tired of too many ads? go ad free now According to a resolution issued by the revenue and disaster management department, the kisams, or types of land, were reduced from over 7,797 to 22, and the swatwas, or the status of land, from 22 to just four in the revenue records. The department, in the resolution, stated that the kisams and the swatwas are decided based on various conditions, including crops grown on the land, the nature of the soil, the situation of the land in the village, and the source of irrigation. This leads to the creation of many types of kisams and swatwas in Odisha. "After digitisation of the land records and the introduction of the Land Record Management System, Bhulekh, and Bhunaksha, there is an urgent need for rationalisation of kisams. Due to digitisation of land records, reclassification or remapping of present kisams of land became imperative," the resolution reads. Experts said that rationalisation of the kisams and swatwas will now bring ease of understanding for smooth and efficient land revenue administration, ease of fixation of rent during settlement, and also consolidation operation. The department, in its resolution, also mentioned that the move will bring ease of doing business in accordance with the policy of the govts, easier transfer of land for public purposes, simplification of the process, and avoidance of delay during land acquisition. It says this will also benefit farmers in case of crop loss or payment of input subsidy or compensation, simplify distribution of compensation during natural calamities, and will also lead to simplification of benchmark valuation. Tired of too many ads? go ad free now "This is really a welcome move of the state govt. The existence of so many kisams of land does bring a lot of confusion during land transactions. The move will also help in real estate since the land type is now simplified," real estate expert Bimalendu Pradhan said. City-based realtor Sangram Nayak said that the reduction of the types of land will help in real estate development since it will avoid the practice of conversion of lands. "We used to convert different lands to homestead to use it for real estate. Now it has become easy," he said.
Time of India
16-06-2025
- Business
- Time of India
SC ruling may lead to reopening of ongoing property disputes: Experts
1 2 3 4 Bhubaneswar: A recent judgment of the Supreme Court on registry vs ownership is likely to have a lasting impact on real estate sector in Odisha, particularly in Bhubaneswar, where the registration of sale deeds of properties is still facing a deadlock. According to experts, as per the judgment, holding a mere registration deed will not imply ownership of a property. This will impact buyers in Odisha where financial transactions of properties are taking place, but not sale deed registration. The court in its judgment clarified that registration is a procedural formality, not proof of legal ownership. It states that ownership involves legal rights to use, manage and transfer the property, which must be established through valid title documents and legal adjudication if necessary. "Registration of a property without an occupancy certificate was made illegal in 2015. The registering officers were mandated to refuse to register any sale deeds of apartments without the endorsement of the competent authority. But the sub-registrars did not refuse to register without an occupancy certificate or without the endorsement in Odisha," real estate expert Bimalendu Pradhan said. "The illegalities continued till last year. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với mức chênh lệch giá thấp nhất IC Markets Đăng ký Undo In these nine years, thousands of registrations took place contrary to the provisions of law," he added. Similarly, for plots, the law states that registration couldn't take place without layout approvals or RERA registration, but again, the rules were not followed by the registering officers. "In some cases, govt lands have been transferred and land under coastal regulation zone or eco sensitive cones has also been registered," Pradhan said. Experts said that the short-term impact of the apex court's order on real estate would be a slowdown of the sector, but in the long run, the move will bring more transparency and clarity in the field since the definition of ownership of a property will be clear. "Buyers and sellers will need to conduct thorough due diligence before transactions. This may result in a slowdown in real estate transactions as stakeholders reassess documentation and compliance and ongoing disputes," a city-based developer, Sangram Keshari Nayak, said. Nayak added that the Supreme Court ruling is expected to trigger reforms in property laws, leading to clearer definitions of ownership and registration. "Over time, this could enhance buyer confidence and reduce fraudulent transactions. Developers and brokers will need to adhere to stricter compliance standards," he said. Priyansh Mahapatra, a prospective homebuyer, said, "I always under the impression that once a property is registered in my name then I become the owner. This judgment has made me realize how important it is to verify the title and possession history. It is a wake-up call to be more cautious before investing my life savings." Anil Mohanta, another buyer, said that this ruling is both good and bad. "Good because it protects genuine buyers from fraud, but bad because it adds another layer of complexity and in a state like Odisha which is already facing several issues, it is difficult. Now I feel I need a lawyer just to understand if I truly own what I am buying," he said.
Time of India
11-06-2025
- Business
- Time of India
Odisha government notifies second amendment rules for urban development regulations
BHUBANESWAR : The state govt has officially notified the Odisha Development Authorities (Planning and Building Standards) Second Amendment Rules, 2025, marking a significant breakthrough in urban development regulations. According to experts, the new amendment is expected to resolve the long-standing issue of part plot registrations, which were at a standstill for quite a long time due to several litigations and other issues. The housing and urban development department issued the notification following a public consultation in March, where the draft rules were open for suggestions and objections. These new regulations supersede the previous 2020 rules and introduce several key changes. The new regulations introduce seven key provisions that streamline the plot sub-division process. Under the amendment, family sub-divisions are now exempt from standard layout provisions when divided among family members under relevant laws. Also, a one-time exemption has been granted for plots smaller than 500 square metres, allowing sub-division without authority's permission, provided they are not used for any kind of real estate projects. The amendment also addresses agricultural plots, exempting them from sub-division layout rules if they maintain their agricultural status and usage. For town planning schemes, the new rules waive open space reservation requirements for further sub-division of final plots in authority's schemes. One of the notable changes, includes the simplification of benchmark value calculations, allowing self-attested values downloaded from Inspector General of Revenue Odisha 's official website. This move is expected to streamline the fee calculation process significantly. For industrial development, the amendments establish a minimum road width requirement of 6 meters outside urban local body areas. The Industrial Development Corporation of Odisha (Idco) has been granted authority to exempt industrial buildings within their pre-2020 allotted plots. The new rules also remove ground coverage limitations for industrial buildings and modify parking requirements, including special provisions for buildings up to 300 sq metres within Idco allotted plots. Commercial building regulations have also seen substantial changes, with the removal of the ground coverage limitations and introduction of setback exemptions for plots up to 4,000 square metres. However, these exemptions come with specific restrictions on entry and exit points. "These amendments represent a significant step forward in urban development regulation. They will help create more organised and sustainable urban spaces while simplifying the development process for stakeholders, but there are still some confusions," said real estate expert Bimalendu Pradhan. Experts say the new regulations are expected to have a far-reaching impact on urban development in Odisha , particularly in resolving the backlog of part plot registrations and streamlining the approval process for various types of construction projects.
