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| REGULARISATION OF UNAUTHORISED / DEVIATED CONSTRUCTIONS THROUGH COMPOUNDING |
This Scheme is called "Regularization of unauthorized / deviated constructions through compounding".The scheme shall be applicable to Development Plan Area of Bhubaneswar Development Authority. The scheme shall come into force from the date of its publication in the Orissa Gazette |
DEFINITION |
| i) |
"Approved Plan" means building plan approved by Bhubaneswar Development Authority, Bhubaneswar, erstwhile Bhubaneswar Regional Improvement Trust & Special Planning Authority, Urban local body, Government Agency empowered under Provision of Act./Rule from time to time. |
| ii) |
"Unauthorised Construction" means construction undertaken in contravention of the approved plan and without any approval / sanction of the Competent Authority. |
| iii) |
Words and expressions used in this scheme but not defined shall have the same meaning as assigned to them in the O.D.A. Act, 1982, O.D.A. Rules, 1983 and Planning and Building Standards Regulation-2001 of Bhubaneswar Development Authority. |
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| THE SCHEME |
| i) |
The scheme is applicable only to unauthorized / deviated construction undertaken within the jurisdiction of Bhubaneswar Development Authority prior to the date of notification of this scheme. |
| ii) |
The scheme is intended to give one time opportunity to Individuals/ Agencies for regularizing their unauthorized / deviated constructions by way of compounding at the rates indicated. |
| iii) |
The unauthorized / deviated constructions undertaken after the date of publication of the scheme shall not be covered under this scheme. |
| iv) |
The unauthorized / deviated constructions undertaken after the date of publication of the scheme shall not be covered under this scheme. |
| v) |
The buildings with unauthorized / deviated constructions once regularised under this scheme shall not be considered for further regularisation. Those, who do not apply under the scheme within the stipulated time period shall not be eligible to avail the opportunity subsequently. |
| vi) |
At least 50% of the Compounding fee collected shall be utilized for development purposes by the Development Authority. |
| vii) |
The scheme is applicable where the Plot owner has a clear title deed and construction made is structurally safe and does not affect any public interest or interfere with any public activity. |
| viii) |
The permission to regularise/compound construction will not conform any right, title and interest over the land. |
| ix) |
In case of multi-storied buildings, the applicant would have to obtain N.O.C from Bhubaneswar Municipal Corporation & Fire Services and would submit a Structural Stability Certificate in the prescribed format. Apart from this, the Government have stipulated the following conditions for multi-storied buildings. |
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| a) |
The width of the adjacent road shall not be less than 12 meters. |
| b) |
The building must have parking space as per norms of BDA (Planning & Building Standard Regulations, 2001) |
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Note: The above stipulations are over & above the general restrictions regarding encroachment of roads, nallah, drainage channels and sarbasadharana land, which can not be regularized by compounding. |
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RESTRICTIONS ON COMPOUNDING |
Compounding of an offence pertaining to unauthorised construction shall not be done in case |
| i) |
Where construction has been undertaken on Government land or land belonging to local body or land not owned by the person undertaking such development; |
| ii) |
Where construction has been undertaken unauthorisedly within the prohibited limits of any protected or archaeological monument declared as such by Archaeological Survey of India / State Archaeological Department, government of Orissa |
| iii) |
Where construction has been undertaken unauthorisedly violating the requirement of parking space for Commercial / Group housing projects. |
| iv) |
Where construction has been undertaken over public / private road and on the alignment of the natural drainage channel identified by the Development Authority. |
| v) |
Where construction has been undertaken violating the height limitation for the area notified by the Airport Authority, Archaeological Survey of India, State Archaeology and Heritage Zone. |
| vi) |
Where the plot does not have any authenticated access / approach to the plot. |
| vii) |
Where the kisam of land is not converted to non-agriculture. |
| viii) |
Where the land on which the building situates, is not in conformity with the land use in the Development Plan and Zoning Regulation enshrined in the Bhubaneswar Development Authority (Planning & Building Standards) Regulations-2001. |
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| COMPOUNDING RATE: |
| A |
Compounding Rates for various categories shall be as follows; |
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| Sl. No |
Situations |
Rate of Compounding fee in Rs. / Sft. |
Residential Other than Group Housing |
Commercial,Institutional, Industrial, Group Housing and other types |
Cental Govt, State Govt, Public sector undertaking |
| 1 |
Construction undertaken deviating approved plan beyond the norms of Regulations for the unauthorised portion |
35 |
100 |
01 |
| 2 |
Construction undertaken without approval of plan but violating norms |
50 |
200 |
01 |
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NOTE: (i) The scheme & rates will be valid for the period of six months from the date of notification of this Regulation in the Orissa Gazette |
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(ii) The above compounding rate shall be applicable for unauthorized/deviated construction up to 2.5 FAR and in case of FAR exceeding 2.5 and up to 3.00 the compounding fee shall be charged double the above rate. No deviation shall be relgularised if, the FAR exceeds 3.00 |
| B |
Where construction has been undertaken inside 1 mtr. Setback on three sides, no objection Certificate from the adjoining neighbours shall be submitted. However, for the plots having a maximum width of 30'.00” and a maximum area of 1500 Sft., the regularization of construction shall be considered without insisting upon NOC from neighbours. |
| C |
In case of buildings with three and more floors within 15 mts height only, ´Structural Stability Certificate ´ shall have to be submitted.. |
| D |
Incase of multistoried buildings with 15 mts and above height, clearance from fire safety departments, Bhubaneswar Municipal Corporation and structural stability certificate from a Registered Structural engineer / farm shall be submitted before regularization such construction. |
| E |
The application for regularisation of unauthorised construction shall be filled in and submitted to Bhubaneswar Development Authority within a period of six months from the date of publication of this notification in Orissa Gazette as per procedure detailed below at clause –6. |
| F |
Bhubaneswar Development Authority shall not accept any application if the same is not authenticated by an Architect, registered with Council of Architecture, India and empanelled with BDA. |
| G |
The deposit of compounding amount shall be in addition to the scrutiny fee required to be deposited as per Rule-18 of O.D.A. Rules 1983. The rates of scrutiny fee are furnished at Annexure-1 |
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