Real estate development on the outskirts of Bhubaneswar is still getting approval from panchayat authorities as it’s not in BDA area. Picture by Ashwinee Pati

Bhubaneswar, April 11: The Bhubaneswar Development Authority (BDA) suffered a legal blow as Orissa High Court questioned its power in areas outside the urban limits of the Bhubaneswar Municipal Corporation, Khurda and Jatni municipalities. The court also said that building plans approved by panchayat bodies would remain valid in their areas of jurisdiction.

The verdict was delivered in response to a real-estate developer’s petition that challenged BDA’s move for demolition of a structure in the panchayat area of Kalarahanga in violation of the Orissa Development Authority (ODA) Act, 1982.

Though the Act gives space to urban bodies in the development process, it’s role, however, is limited to city areas.

The March 27 order stated that BDA’s “authority” would be applicable only when the newly-included areas were transformed into a local development authority area.

In their judgment, Justices B.P. Das and S.K. Mishra said: “In view of such extension of the ODA Act to gram panchayat without giving the panchayats full liberty for formation of their own modalities i.e. giving permission for construction of building etc. is contrary to the scheme of the Constitution of India. Hence the Act is not applicable and provisions of such cannot be extended and applied to the territories of gram panchayats.’’

The observation comes at a time when real-estate development in certain areas is under the scanner. Areas such as those along the Sundarpada-Jatni Road are witnessing rapid urbanisation but several questions have cropped up in the process.

Though the zone is part of the newly-included BDA area, many multi-storeyed structures are coming up with permission from the panchayats.

Real-estate developers have, however, hailed the verdict. They said that “only acquiring geographical areas under the fold of the development authority does not mean development”. They said that except for Kalinga Vihar area, BDA did not develop a “single area outside the municipal area for regional development with infrastructure facilities”.

They have blamed the BDA’s myopic vision for the prevailing situation at Sundarpada and adjoining areas on the Jatni Road.

“The judgment could be an eye-opener for the housing and urban development department of the Odisha government as it measurably failed in utilising the comprehensive development plan (CDP) of the city. Even though it was touted that zonal development activities had started in three ‘mouzas’ within BDA limits, the lack of infrastructure development around the city has resulted in a serious mess in Bhubaneswar’s CDP implementation,’’ said urban development expert Piyush Ranjan Rout.

BDA vice-chairman Deoranjan Kumar Singh saw the order as “a legal matter” and felt that the government would examine it and suggest the next course of action.

He, however, admitted concern over the fate of the 53 villages included in the BDA fold in 2003.

With the court questioning the civic authority’s rights on these villages, the December 18 notification to enhance BDA area from 419sqkm to almost 1,000sqkm with the inclusion of 351 villages has also come under cloud.

In a related development, the latest CAG report has taken a dig at the city development plan for not providing due importance to guidelines framed by the Centre.

“Though the CDP of Bhubaneswar projected the requirement of Rs 3,039.61 crore of which Rs 1,401.65 crore (46 per cent) was projected to be sourced from the funds of Jawaharlal Nehru National Urban Renewal Mission, due priority was not given to augment the water supply system which is given the highest priority in the CDP.’’