Bhubaneswar Municipal Corporation Issues Public Notice on Unauthorized Construction and Commercial Use
PUBLIC NOTICE – UNAUTHORIZED BUILDINGS & COMMERCIAL USE
Supreme Court Orders
Action Against
Document Submission
Key Provisions of the Public Notice
- Legal Basis: This public notice is issued in pursuant to Notification No. 20784/HUD dated 04.09.2025 of Housing and Urban Development Department, Govt. of Odisha and orders dated 20.05.2026 and 09.07.2026 passed by the Hon'ble Supreme Court of India in SLP (Civil) Nos. 8044-8045 of 2025.
- Supreme Court Direction: The Hon'ble Supreme Court directed all Municipal Authorities to take immediate and effective action against unauthorized constructions or usage in violations/deviation for building plan approved by the local authority including sealing, demolition and other measures to ensure strict compliance as applicable under law.
- Applicability: The notice applies to all Flat Owners, Apartment Owners, Plot Owners and owners/occupiers of residential or commercial premises under the jurisdiction of Bhubaneswar Municipal Corporation (BMC).
- Unauthorized Construction: The following are treated as unauthorized and illegal:
– Undertaken unauthorized construction and/or operation of shops, hostels, hotels, educational institutions, clinical establishments, or any other commercial establishments without obtaining the requisite approval from BMC and/or BDA.
– Converted or are using residential premises for non-residential or commercial purposes in contravention of the sanctioned building plan and applicable statutory provisions. - Legal Violation: Such constructions and/or use of residential premises for non-residential/commercial purposes are in violation of the provisions of the Odisha Development Authorities Act, 1982, and the Planning and Building Standards Regulations framed thereunder.
- Closure and Sealing: All such unauthorized constructions and/or unauthorized use of residential premises for non-residential/commercial purpose shall be liable to closure and sealing forthwith, in accordance with law.
- Document Submission: Any owner, occupier or claimant who possesses a valid sanctioned building plan, occupancy certificate or completion certificate as applicable under ODA Act or approval for such purpose to change or use their premises for commercial purpose from the competent planning authority shall produce the relevant approvals, permissions and supporting documents before the concerned Zonal Deputy Commissioner (ZDC) or the ODA Court, Bhubaneswar Municipal Corporation, ICOM C Tower, Janpath Road, in front of Satya Nagar Kali Temple, Unit-IX, Bhubaneswar and obtain necessary clearance.
- Failure Consequences: In the event of failure to furnish the requisite documents, the concerned premises shall be presumed to be unauthorized and illegal and shall be liable to closure, sealing, and such other action as may be permissible under law, without any further notice.
Important Points to Note
- Supreme Court Mandate: The action is based on direct orders from the Hon'ble Supreme Court of India.
- Immediate Action: Unauthorized constructions and commercial use of residential premises will be closed and sealed forthwith.
- Valid Approvals Required: Owners/occupiers must possess valid sanctioned building plan, occupancy certificate, or commercial use approval from competent authority.
- Submission Deadline: Documents must be submitted before the concerned Zonal Deputy Commissioner (ZDC) or ODA Court without delay.
- No Further Notice: Failure to produce valid documents will result in closure, sealing, and other legal action without any further notice.
- Legal Violation: Unauthorized construction and commercial use are in violation of the Odisha Development Authorities Act, 1982.
- Wide Applicability: The notice applies to all types of properties – flats, apartments, plots, residential and commercial premises under BMC jurisdiction.
Frequently Asked Questions
– Construction without requisite approval from BMC and/or BDA.
– Operation of shops, hostels, hotels, educational institutions, clinical establishments, or any other commercial establishments without approval.
– Conversion of residential premises for non-residential or commercial purposes in contravention of sanctioned building plan.
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