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Time of India
30-05-2025
- Time of India
Bhubaneswar: Residents file complaint against builder for occupying common areas in project
BHUBANESWAR : Residents of a major housing project in Kalinga Nagar here have filed a complaint with the deputy commissioner of police-cum-executive magistrate of Bhubaneswar against their developer for allegedly forcibly occupying common areas that legally belong to the property's allottees. According to the complaint filed with the executive magistrate, the developer allegedly entered the premises on May 23 and demolished a boundary wall and gate in the common area. The residents claim this action was taken to create an access road for an adjacent project comprising around 600 housing units. "We are one of the first registered associations of allottees of any housing projects in Bhubaneswar. Under the Odisha Apartment (Ownership and Management) Act of 2023, common areas and facilities are legally registered with the association, and the builder has no right over these spaces," said Ajit Kumar Choudhary , president of the residents' association. The residents initially approached local law enforcement following the incident, but after receiving no response, they decided to pursue executive action. In response to their petition, the executive magistrate issued an interim order preventing both parties from altering the disputed common area until the next hearing on June 10. The magistrate directed the builder to explain why appropriate action should not be taken against them and instructed the inspector in-charge of Chandaka police station to investigate the May 23 incident and submit a report at the next hearing. Local police have been tasked with ensuring the disputed land remains undisturbed. A homebuyer from the project, which houses over 1,200 families, expressed frustration over the developer's alleged repeated violations. "The builder has been violating the norms frequently. First, they delayed handing over the common area, and now they are forcibly trying to take over the land. This is a sheer violation," the resident stated. The dispute highlights growing tensions between developers and homeowners over property rights and common areas in residential projects. The director of the project was unavailable for comment despite multiple attempts to contact them. "The case has drawn attention to the implementation of the new Apartment Act and its provisions regarding common area management in residential complexes. The wait is now for June 10. Let's expect a landmark judgement by the court," said real estate expert Bimalendu Pradhan.


Time of India
30-05-2025
- Time of India
Residents file complaint against developer for occupying common areas in housing project
Bhubaneswar: Residents of a major housing project in Kalinga Nagar here have filed a complaint with the deputy commissioner of police-cum-executive magistrate of Bhubaneswar against their developer for allegedly forcibly occupying common areas that legally belong to the property's allottees. According to the complaint filed with the executive magistrate, the developer allegedly entered the premises on May 23 and demolished a boundary wall and gate in the common area. The residents claim this action was taken to create an access road for an adjacent project comprising around 600 housing units. "We are one of the first registered associations of allottees of any housing projects in Bhubaneswar. Under the Odisha Apartment (Ownership and Management) Act of 2023, common areas and facilities are legally registered with the association, and the builder has no right over these spaces," said Ajit Kumar Choudhary, president of the residents' association. The residents initially approached local law enforcement following the incident, but after receiving no response, they decided to pursue executive action. In response to their petition, the executive magistrate issued an interim order preventing both parties from altering the disputed common area until the next hearing on June 10. The magistrate directed the builder to explain why appropriate action should not be taken against them and instructed the inspector in-charge of Chandaka police station to investigate the May 23 incident and submit a report at the next hearing. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Financie seu projeto e economize até 90% na conta de luz! Banco BV Saiba Mais Undo Local police have been tasked with ensuring the disputed land remains undisturbed. A homebuyer from the project, which houses over 1,200 families, expressed frustration over the developer's alleged repeated violations. "The builder has been violating the norms frequently. First, they delayed handing over the common area, and now they are forcibly trying to take over the land. This is a sheer violation," the resident stated. The dispute highlights growing tensions between developers and homeowners over property rights and common areas in residential projects. The director of the project was unavailable for comment despite multiple attempts to contact them. "The case has drawn attention to the implementation of the new Apartment Act and its provisions regarding common area management in residential complexes. The wait is now for June 10. Let's expect a landmark judgement by the court," said real estate expert Bimalendu Pradhan.


Time of India
22-05-2025
- Time of India
Residents highlight safety concerns asencroachments crop up in LDA bldg
Lucknow: Residents of Awadh Apartment in Vipul Khand, Gomtinagar, are feeling hassled over safety concerns due to alleged illegal constructions and encroachments within the premises. They allege that these activities have been carried out by influential individuals. A recent visit by TOI found several unauthorized structures inside the apartment complex. These include illegal sheds, gates, gardens, guesthouses, and guard rooms near the basement area—alterations which, according to residents, obstruct public passageways and encroach on common spaces. Senior members of the apartment society met Chief Minister Yogi Adityanath on Sep 27, 2023, to flag the issue. They allege that the encroachments pose a risk to the structural stability of the building and compromise the safety of its residents. "The CM had given clear directions for immediate action, yet the LDA has failed to act decisively. It appears the matter has been bogged down in red tape," said a resident, who requested anonymity. Between Sep 22 and Sep 25, 2023, the LDA served notices to the alleged encroachers. However, residents say these notices were issued under incorrect legal provisions. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo One of the recipients later approached the High Court, which quashed the notice on groundthat the Resident Welfare Association (RWA) had not been officially constituted under Apartment Act, 2010. Residents contest this legal argument, stating that RWA could not constituted in view of certain technicalities. They also argue that crucial facts that the project has not been handed over, and no completion certificate has been issued for the building, were not presented before the court. In response to ongoing complaints, a second notice was issued by the LDA on December 16, 2023, which included photographic evidence of the unauthorized constructions. Yet, residents allege that no follow-up action has been taken since then. "We are only asking for lawful action and the restoration of safety in our homes," said a resident. When TOI contacted LDA deputy secretary CP Tripathi, he said he had no information about the encroachments and suggested contacting the enforcement officer. When approached, enforcement officer Vipin Shivhare said that while he would look into the matter, it is still under process in the LDA court.


Hindustan Times
19-05-2025
- General
- Hindustan Times
Lucknow Development Authority bans pots on balcony ledges citing potential hazard
Lucknow, The Lucknow Development Authority on Monday directed flat owners and resident associations of high-rise buildings to remove flower pots and similar items from balcony ledges in a week, citing a child's death in Pune after a pot fell on him. The order issued by Additional Secretary and Competent Officer C P Tripathi said flower pots placed on parapet walls or railings could slip and cause serious injury or death to people below. It instructed flat owners to ensure no pots or heavy objects are placed on balcony parapets. Apartment Owners' Associations are to conduct immediate inspections and enforce removal, stated the order. The Lucknow Development Authority also said, "If an accident occurs, both AOA and the individual flat owner will be held responsible. In buildings where no AOA exists, builders or promoters will be held accountable." According to the LDA order, the residential society's office bearers must publicise the directive through notices, WhatsApp groups and meetings and certify to the authority within seven days that all balconies have been cleared of such objects. It warned that failure to comply with the could lead to legal action under safety provisions of the Apartment Act. The LDA's move has been hailed by AOAs and citizens. Chandra Shekhar Pandey, the president of the AOA at Rishita Manhattan in Gomti Nagar Extension, said, "This is a laudable decision keeping in mind the safety of residents. There have been reports of mishaps at some places, so this move is good." Rajeev Vig, a former office bearer at the high rise society, said the AOA had been pressing for such safety measures in the past. "Imagine the damage a flower pot falling from a 20th-floor balcony can do to someone on the ground. This is a much-required decision," he told PTI. Earlier in May, the local development authorities in Noida and Ghaziabad also issued similar orders, both triggered by the Pune mishap of April. In December 2023, a delivery executive was hospitalised with injuries in Greater Noida after a flowerpot fell on him while he was in a high-rise residential society on duty.