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The state government has been urged by the Odisha Real Estate Regulatory Authority (ORERA) in Bhubaneswar to order planning authorities to enforce the requirement that two-thirds of allottees must give their consent before any changes are made to housing projects. This appeal follows revelations that several developers have been bypassing this provision, securing approvals for revised building plans without informing or obtaining consent from homebuyers. ORERA highlighted instances where planning authorities approved project roads on government or third-party land, posing future access issues for residents. The authority emphasized that the Real Estate (Regulation and Development) Act, 2016, supersedes the Odisha Development Authority Act, necessitating strict adherence to its provisions.
In a move to protect homebuyers' interests, the Odisha Real Estate Regulatory Authority (ORERA) has called upon the state government to ensure that planning authorities strictly enforce the requirement of obtaining consent from two-thirds of allottees before approving any revisions in housing project plans. This appeal comes in light of recent findings where developers have been circumventing this mandate, securing approvals for altered building plans without the knowledge or consent of the buyers. Advertisement
ORERA's acting chairperson, Gopal Chandra Patnaik, highlighted a concerning case where a project's approach road was approved to pass through land owned by a third party, potentially leaving future residents without proper access. He pointed out that planning authorities often overlook verifying whether the necessary consent from allottees has been obtained, citing the absence of such a provision in the Odisha Development Authority (ODA) Act. However, Patnaik emphasized that the Real Estate (Regulation and Development) Act, 2016, holds precedence over the ODA Act, making the consent requirement legally binding.
This isn't the first time ORERA has taken a stand against developer malpractices. In March 2021, the authority fined two real estate firms INR 20 lakh each for violations, including advertising projects without registration and failing to execute sale agreements after accepting booking amounts.
The recurring issues underscore the need for stricter enforcement of real estate regulations to safeguard homebuyers from potential fraud and ensure transparency in the sector.
As the sector continues to evolve, it is imperative for both developers and planning authorities to adhere strictly to legal mandates, ensuring that the rights and investments of homebuyers are not compromised. Moving forward, consistent oversight and stringent penalties for non-compliance will be crucial in fostering a trustworthy and robust real estate environment in Odisha.
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