Cuttack, May 4: The Bhubaneswar Development Authority (BDA) has been accused of allowing the construction of high-rise buildings despite the state capital being vulnerable to earthquake.
A petition filed in the Orissa High Court has alleged that the BDA has "permitted the constructions of more than 1,000 high-rise buildings and apartments in the city and its nearby areas without proper inquiry and inspection."
Bhubaneswar is in seismic Zone-III, which means the city runs the risk of suffering moderate damage in the event of an earthquake. Uncontrolled housing in low areas, high-rise structures, two national highways and a long railway track, said an expert, exposes it to greater risk.
Subash Mohapatra of Bhubaneswar-based Global Human Rights Communication has filed the public interest litigation seeking the court's immediate direction "for the demolition of unauthorised apartments and high-rise buildings" in Bhubaneswar.
The BDA had identified 423 apartments and high-rises that had made constructions violating provisions of Orissa Development Authorities Act, 1982, and issued orders "to demolish the unauthorised constructions/high-rise buildings". But "no concrete step has been taken to effectuate the direction," Mohapatra said.
"The beneficiaries who have constructed the high-rise buildings are being supported by state functionaries with delaying tactics," the petitioner said and sought the court's direction for stringent criminal and departmental action against the officers guilty and negligent in carrying out the demolition orders.
Citing the comptroller and auditor-general report for 2011-2012, the petition alleged that builders who violated the regulations continued with unauthorised constructions and irregular sale transactions due to "lack of effective enforcement of demolition orders".
Several instances of irregular approval to high-rises across Bhubaneswar by the development authority had surfaced in the CAG report, which was tabled in the Assembly on March 31.
The report had pointed out lacunae such as deviation of building plan, construction of building despite plan not being approved, construction of building without obtaining an approval to commence work, construction of extra floor deviating from approved plan, occupying buildings without occupancy certificate from the BDA and occupation of multi-storey building without a proper fire-fighting system.
According to the petition, the CAG report had indicated that no-objection certificates from fire officials was not insisted, even though 52 high-rise buildings in Bhubaneswar were declared unsafe by the fire prevention officer.
During 2007-12, of 2,944 cases referred to the BDA's enforcement wing for investigation based on general complaints and petitions by the public, inquiry reports were not submitted in 527 cases by the officials concerned. In case of 436 of the 527 cases, more than a year had lapsed since the receipt of the complaint.
The PIL has also sought the court's direction to take urgent steps for speedy disposal of the pending litigation in relation to unauthorised construction of high-rise buildings.
The petition expects a court direction to constitute a mechanism to detect and prevent deviation in construction plans to ensure planned development for Bhubaneswar. It was filed last week and it has not been listed for hearing so far.
