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Regular-article-logo Sunday, 27 April 2025

Lens on nod to 'illegal' high-rises

Several instances of irregular approval to high-rises across the city by the development authority have surfaced in the report of the Comptroller and Auditor General (CAG).

Subrat Das And Bibhuti Barik Published 01.04.15, 12:00 AM

Bhubaneswar, March 31: Several instances of irregular approval to high-rises across the city by the development authority have surfaced in the report of the Comptroller and Auditor General (CAG).

It was tabled in the Assembly today.

The CAG report is based on the information sourced from the Bhubaneswar Development Authority office. The former had sought 15 files related to plan approval to multi-storey structures but the development authority could produce only nine.

The Planning and Building Standards Regulations, 2008, prohibit construction of a multi-storey with approach road less than 18 metres (59 ft).

However, BDA had given permission to a high-rise structure on 6,70,532 sqft built-up area in the heart of the city near Kalpana Square adjacent to Kalinga Ashoka Hotel where the builder had shown that there was a 150ft road on eastern side adjacent to NH-203.

However, in reality when the audit team tallied the land records with the comprehensive development plan of the city and the state government's revenue record with on-line site 'Bhulekh', it discovered to its horror that the 150ft road shown in the map was actually a nayanjori or a low-lying water channel along the road.

"The builder was not eligible to construct high-rise as approach road of 59ft or more width was not available and approval was therefore irregular," observed the report.

Similarly, the BDA regulations stipulate that no multi-storey building can be permitted within 100metres from the centre of the national highway on either side. But a joint verification by the audit team and BDA officials on September 24 last year found that the Kalpana Square building was located within 100metre of NH-203.

"Such plan approval was irregular and BDA extended undue favour to the builder to construct such building in prime location with potential sale value," the report said.

The BDA vice-chairman admitted the fact in September 2014 stating that the developer was constructing the commercial block despite being issued a "stop construction" notice and also assured to take proper action regarding this matter.

The regulations also prohibit construction of multi-storey building in heritage zones, but the CAG noticed "despite existence of heritage monuments and temples in the city, grant of permission between 2008 and 2013 favoured the builders to construct high-rise."

The BDA vice-chairman in his reply (September 2014) stated that considering the demand of stakeholders, the restriction has been lifted through amendment of the building regulation with the approval of the state housing and urban development department.

"The reply indicated that the amendment had been made to suit the stakeholders overlooking systematic development of the area as envisaged in the CDP," the CAG said.

The audit report also pointed out lacunae such as deviation of building plan, unauthorised construction of building despite refusal of plan approval, construction of main building without obtaining approval to commence the work, construction of extra floor deviating from approved plan, misuse of parking areas, occupying buildings without occupancy certificate from BDA and occupation of multi-storey without fire-fighting system.

The CAG in a separate chapter pointed out that out of 39 promoters of clinical establishments, which had been allotted more than 125 acres at concessional rates during 1981-2009, 16 did not respond to the government instruction to provide free treatment to BPL patients. Out of them, six promoters utilised the allotted land for residential or commercial purposes though the development authority had approved their building plan for nursing home or maternity home. Land allotted to four promoters was found lying vacant, while in another four cases the buildings were left incomplete.

"The government had not taken any step for cancellation of these allotments despite the terms of allotment of approved building plan being violated. The objective of allotment was, thus, defeated," observed the audit report.

The state health department in its reply in December stated that "the matter was under examination at the government level," according to the report.

VIOLATIONS TUMBLE OUT OF BDA CUPBOARD: The controversial multi-storey building at Kalpana Square.
Picture by Ashwinee Pati

The rule
Planning and Building Standards Regulations, 2008, disallows construction of multi-storey with approach road less than 18 metres or 59 ft 

The breach
BDA had given per mission to a high-rise structure on 6,70,532 sqft built-up area near Kalpana Square adjacent to Kalinga Ashoka Hotel where the builder had shown that there was a 150ft road on eastern side adjacent to NH-203. However, audit team found the 150ft stretch shown in the map was actually a ‘nayanjori’ or a low-lying water channel along the road.

The rule 
BDA regulations stipulate that no multi-storey building can be permitted within 100metres from the centre of a national highway on either side. 

The breach
Audit team and BDA officials found that the same structure near Kalpana Square was located within 100metre of NH-203. 

“Such plan approval was irregular and BDA extended undue favour to the builder to construct such building in prime location with potential sale value”

CAG report

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