Government of Odisha publishes Scheme for Regularization of Unauthorized Constructions, 2019

Aug 19, 2019 | by Avantis RegTech Legal Research Team

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The State Government of Odisha on August 06, 2019, has published the Scheme for Regularization of Unauthorized Constructions, 2019. It extends to all development areas of the State declared as such under the provisions of the Odisha Development Authorities Act, 1982.     

Ø  Applicability:

a)      The Scheme intends to give an opportunity to every person for regularizing unauthorized constructions undertaken within the Development area, prior to the date of the commencement of the Scheme, by way of compounding on payment of fee at the rate prescribed in this scheme.

b)      The  Scheme  is  applicable  only  to  such  unauthorized  constructions  that  are structurally safe and do not affect any public interest or safety or interfere with any public activity.

c)       The relaxation provided in respect of regularization of the sub-divided plots or layouts over which the unauthorized construction has been undertaken shall also be made applicable under this Scheme.   

d)      The scheme will also be applicable to all applications received under the Scheme for Regularization of Unauthorized Constructions, 2018 including subsequent extensions of the scheme.

Ø  Application Procedure:

a)      Any person who intends to get the unauthorized constructions regularized under this Scheme shall apply to the concerned Development Authority in Form-A accompanied with the fees as prescribed in the Odisha Development Authorities (Common Application Form) Rules, 2016, within six months, unless extended otherwise by the State Government from the date on which this Scheme has come into force, with certain documents.

b)      The applications under this Scheme shall be disposed of within six months from the receipt of complete application, as per the delegation of powers notified by the concerned Development Authority for the purpose of approval of Building Plan.

Ø  Restrictions on regularization: The unauthorized constructions shall not be regularized in certain cases.

Ø  Relaxation of Planning and Building norms: In case of Non high-rise and high-rise buildings, the unauthorized constructions may be regularized as per the Planning norms.

Ø  Relaxation in planning and building norms for clinical establishments

Ø  Compounding rate

Ø  Manner of Payment of fee

Ø  Penalties:

(a)    In the event of incomplete application and non-compliance to the observations of the Development Authority, the application shall be rejected and 10% of the compounding charges prescribed under the Scheme shall be forfeited.

(b)   In the event of misrepresentation or suppression of facts, the compounding fee shall be forfeited and the permission for regularization so issued shall be revoked and the matter shall be reported to the Council of Architecture, for cancellation of the license of the concerned  Architect  and  Director  Town  Planning  for  cancellation  of  registration  in  case  of technical persons.

(c)    This shall also warrant criminal prosecution against the applicant or Architect or the Technical person who has signed the application without verifying the correctness of the facts as mentioned in the application.

This Scheme is in supersession of the Scheme for Regularisation of Unauthorised Constructions, 2018 except in respect of things done or omitted to be done before such supersession.

[Notification S.R.O. No. 273/2019]


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