EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.987, CUTTACK, WEDNESDAY, JUNE 20, 2018 / JAISTHA 30, 1940

HOUSING & URBAN DEVELOPMENT DEPARTMENT

NOTIFICATION

The 20th June, 2018

S.R.O. No. 231/2018— Whereas, in exercise of the powers conferred by Section

124 of the Odisha Development Authorities Act, 1982 (Odisha Act 14 of 1982), the 9

(nine) Development Authorities of the State i.e. Bhubaneswar Development Authority,

Cuttack Development Authority, Berhampur Development Authority, Sambalpur

Development Authority, Rourkela Development Authority, Puri-Konark Development

Authority, Paradeep Development Authority, Kalinga Nagar Development Authority and

Talcher-Angul-Meramandali Development Authority, with the approval of the State

Government, have notified their Planning and Building Standards Regulations for

regulating the development and building construction activities being undertaken within

their respective jurisdictions.

And, whereas, provisions have been made in all the above said Planning &

Building Standards Regulations which empowers State Government to formulate a

scheme for compounding the deviations related to unauthorized constructions.

And, whereas, there was a felt need to give one time opportunity for regularising

the unauthorized constructions within the frame work of standards prescribed for fire

safety and structural stability, so as to bring all such development within regulatory

frame work of development authorities and thereby reducing the risks arising out of

unregulated development.

Now, therefore, in exercise of such provisions, the State Government do hereby

make the following scheme namely:—

1. Short title, extent and commencement. (1) This scheme may be called

the Scheme for Regularization of Unauthorized Constructions, 2018.

2

(2) It extends to all development areas of the State declared as such under

the provisions of sub-section (1) of Section 3 of the Odisha Development Authorities Act,

1982.

(3) It shall come into force from the date of its publication in the

Odisha Gazette.

2. Definitions.(1) In the scheme, unless the context otherwise requires,

(i) “Act” means the Odisha Development Authorities Act, 1982;

(Odisha Act 14 of 1982);

(ii) “applicant” means any person who applies under this Scheme to

get the unauthorized constructions regularized;

(iii) “approved plan” means building plan approved by the

competent authority;

(iv) “clinical establishment” means clinical establishment as defined

under clause (b) of Section 2 of the Odisha Clinical Establishment (Control

and Regulation) Act, 1991.

(v) “competent authority” means the Development Authority,

Regional Improvement Trust and Special Planning Authority, Urban Local

Bodies or other Government Agency which is or was empowered at the

time of approve building plan under the provisions of the relevant Act,

rules and regulations governing such Authority;

(vi) “Form” means Form appended to this Scheme;

(vii)“unauthorized constructions” means constructions undertaken

in contravention of the approved plan or without any approval of the plan

by the competent authority.

(2) Words and expressions used in this scheme but not defined shall have the

same meaning as assigned to them in the Act or the rules and regulations made

thereunder.

3. Applicability. (1) 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.

(2) 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.

(3) The relaxation provided in the Notification of the Government of Odisha in the

Housing & Urban Development Department No. 12226, dated the 30th May, 2017 in

3

respect of regularization of the sub-divided plots or lay-outs over which the unauthorized

construction has been undertaken shall also be made applicable under this Scheme.

4. Application Procedure. (1) 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 the following documents, namely:

(a) four copies of building plans as per actual construction at site showing site

plan, lay out plan, floor plan, four side elevations, drainage and sewerage

disposal plan, etc. duly signed by the plot owner or Developer and the

Architect or Technical person as per the provisions of the Planning and

Building Standards Regulations of respective Development Authority;

(b) copy of ownership document of land;

(c) copy of approved plan and approval letter, if any;

(d) affidavit in Form-B regarding peaceful possession of the land and

construction undertaken at site;

(e) photograph of the building from two angles duly signed by the applicant

and attested by the concerned Architect or registered technical person

with date;

(f) site inspection report duly signed with date by the applicant and the

Architect registered with Council of Architecture, India or registered

Technical Person under the Odisha Development Authority (Common

Application Form) Rules, 2016;

(g) certificates or clearances or No Objection Certificates, as the case may be,

relating to,

(i) fire safety in cases where same is required as per the provisions of

the Odisha Fire Prevention and Safety Rules, 2017, if any;

(ii) structural safety as per Planning and Building Standards

Regulations of the respective Development Authority in Form-C;

(iii) peripheral infrastructure development in applicable cases from

urban local body;

(h) No Objection Certificate in the form of affidavit from the concerned

neighbour, if the person regularizes unauthorized constructions with nil

setback on any side of the plot in Form-D:

Provided that No Objection Certificate shall not be required if the

neighbour himself is a violator of setback norms laid down in the

Planning and Building Standards Regulations:

4

Provided further that plots having a maximum area of 300 square

meters shall be considered for regularization without insisting upon No

Objection Certificate from neighbours.

(i) Other No Objection Certificates as required for particular category of

buildings as per planning and building standard regulations of respective

Authority, e.g., building require clearance from Archeological Survey of

India, Airport Authority of India, State Environmental Impact Assessment

Authority, etc.

Note: The application needs to be mandatorily authenticated by Architect

registered with the Council of Architecture, India or other technical

persons registered under the Odisha Development Authorities

(Common Application Form), Rules, 2016 including the compounding

calculation sheet in Form-E.

(2) All other provisions of application procedure as per the Planning and

Building Standards Regulations of respective Development Authority shall apply,

mutatis mutandis.

(3) 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.

5. Restrictions on regularization. (1) The unauthorized constructions shall

not be regularized in the following cases, namely:

(a) Where construction has been undertaken on the Government

land or land belonging to local body or land not owned by the person

undertaking such development;

(b) Where construction has been undertaken over public or private

road or on the alignment of any of the natural drainage, channel or any

drains proposed in the Development Plan or otherwise;

(c) Where construction has been undertaken in violation of the

Ancient Monuments and Archaeological Sites and Remains (Amendment

and Validation) Act, 2010:

Provided that such constructions can be regularized if no objection

certificate from the concerned authority is produced.

(d) Where construction has been undertaken in violation of the

height restrictions notified by the Airports Authority of India:

Provided that such constructions can be regularized if No Objection

Certificates from the concerned authority is produced;

5

(e) Where construction has been undertaken in violation of the

prescribed norms of Planning and Building Standards Regulations of

respective Development Authorities not specifically relaxed in this Scheme;

(f) Where construction has been undertaken in violation of the zoning

regulations governing Environmentally-sensitive zone, open space use zone

or any other special land use zone as identified in the respective

Development Plan;

(g) Where construction has been undertaken in violation of any

norms of Eco-sensitive zone notified by Forest and Environment

Department:

Provided that such constructions can be regularized if No

Objection Certificate from the concerned authority is produced;

(h) Where construction has been undertaken in violation of coastal

regulation zone or any other special restriction made in the Planning and

Building Standard Regulation of the concerned authority.

Example:

(I) In open space use zone area the coverage and height of

the Building shall not exceed 40 % and 7 meters, respectively.

(II) In environmental sensitive zone, the minimum plot area

is to be 4000 square meter, coverage should not exceed 40 % and

the approach road should not be less than 12 metres.

(III) The height of the building on Grand Road and up to a

distance of 100 meters on either side of the Grand Road in Puri shall

not exceed 12 metres.

(i) Where construction has been undertaken in sweet water

zone restricting construction through a notification; and

(j) Where the plot does not have any authenticated access or

approach to the plot.

(k) Where construction or usage of land or Building has been

undertaken in violation of conditions of lease in case of leasehold land

leased by Government in the General Administration and Public

Grievances Department, Revenue and Disaster Management Department

or any other Public Agencies.

(2) The general restrictions on permission as per the Planning

and Building Standards Regulations of Development Authorities shall

prevail while considering the regularization of Special Buildings.

6

6. Relaxation of Planning and Building norms. (1) In case of Non-multi-

storied and multi-storied buildings, the unauthorized constructions may be regularized as

per the Planning norms specified in the Table-I below:

Table - I

Sl.

No

Buildings Type

Minimum Planning Norms to be met

Ground

Coverage

Setback

Parking

(1)

(2)

(3)

(4)

(5)

(a)

Non-High rise

Residential

Plotted development up

to 300 square metres of

plot area

up to 100%

NA

NA

Plotted development

>300 square metres of

plot area

up to 75%

NA

NA

Apartments

NA

Cumulative set back of 2/3rd

of the total set back

requirements on either

opposite sides of site.

50% of parking

requirement & consent of

Residents’ Welfare

Association/apartment

owners

Commercial

up to 300 square metres

of plot area

up to 100%

NA

25% of parking

requirement

>300 square metres of

plot area and upto 500

sqm.

up to 75%

NA

50% of parking

requirement

>500 square metres of

plot area

up to 70%

Cumulative set back of 2/3rd

of the total set back

requirements on either

opposite sides of site.

75% of parking

requirement

(b)

High Rise building

Residential

NA

6m in all sides with cumulative

set back of 2/3rd of the total

set back requirements in

either opposite sides

75% of parking requirement

& consent of Residents’

Welfare Association

Commercial

up to 65%

6m in all sides with cumulative

set back of 2/3rd of the total

set back requirements in both

sides

75% of parking requirement

Note: (a) For this purpose opposite sides shall mean front and back or right and left

sides of the building.

(b) For special and institutional buildings except clinical establishment relaxed

planning norms for commercial buildings shall apply.

(c) Cinema halls and multiplexes- no relaxation shall be given.

(2) In case of non-high rise building and high rise building, the unauthorised construction

may be regularised as per building norms specified in the Table-II below:

7

Table-II

Sl.

No.

Buildings Type

Minimum Building Norms to be met

(1)

(2)

(3)

(a)

Non-high rise

Residential

Staircase

(a)

Corridor

(b)

Plotted

development up

to 300 square

metres of plot

area

Not applicable

Not applicable

Plotted

development

>300 square

metres of plot

area

Not applicable

Not applicable

Apartments and

special

buildings

(a) have the provisions of second

staircase, the existing stair case

of minimum width of 1.5m shall

be converted to fire stair case

(pressurized) fitted with smoke

extraction

system

and

fire

resistant

doors

(two

hours

rating).

(b)

In case there is a single

staircase, an external stair case

(fire escape) of minimum 0.90m

width shall be provided from

ground to top of the building

connecting all floors for easy

evacuation of the occupants

Where a single stair case of

required width as above in (b) is

provided, the owner of the

building shall create refuge area

of 10 Square meter fitted with

fire resistant doors of two hours

rating in each floor of the

building along with the provisions

of opening/exit doors on the

external wall facing to the side

open space (setbacks).

a. The corridor shall be of

minimum of 1.5 m wide

Minimum two exits of 1.5

m width each shall be

provided in the ground

floor.

8

(b)

High Rise Building

(a) The width of the stairs of both the

staircases shall be at least 1.5m wide each.

(b) Out of minimum of two stair cases, one

must be pressurized and fitted with smoke

extraction system and fire resistant doors of

two hours rating in each floor.

(c) If the width of one or both the stair cases is

less than the required width as per NBCI,

the owner shall provide a refuge area of 10

Square meter fitted with smoke extraction

system and fire resistant doors of two hours

rating in each floor having exit of 1.5 meter

wide towards open spaces / side setbacks /

roads in each floor.

a. At least two

exit doors of

minimum

1.5m

wide

shall

be

provided

in

the

ground

floor.

The width of

the

corridor

shall not be

less than 1.5m

wide.

Explanation. Irrespective of the relaxation provided in this Para,

(a) the accessibilities of fire engine and fire-fighting personnel to different sites

and parts of special buildings shall be assessed by the State Fire Service Organisation

while issuing No Objection Certificate or Fire Safety Certificate;

(b) The owner shall provide all the fire prevention and safety installations as

per the provisions of National Building Code of India and any additional fire protection

measures as recommended by State Fire Service Organisation, the reasons of which

shall be recorded in writing;

(c) The owner shall provide underground Water Tank and Terrace Tank as per

the provisions of the National Building Code of India; and

(d) The setbacks mentioned above shall remain free from all obstructions and

open to sky.

7.

Relaxation

in

planning

and

building

norms

for

clinical

establishments.(1) Non-high-rise Building Category having plot size above 200

Square metres and up to 1000 Square metres. Shall meet the following requirements;

namely:

(a) Means of access shall be at least 6 Metres. wide public road;

(b) the front setback need not be insisted upon if the building abuts

to 6 Metres wide public road;

(c) at least one side setback (excluding rear setback) is required as

per Planning and Building Standard Regulations of the concerned Planning

Authority;

(d) if the public road of 3 meters wide on the side of the plot or 6

Metres wide on the rear of the plot is available, it will be considered as

9

relaxation towards open space or setback for the purpose of emergency

evacuation and the above requirement of one side set back (excluding rear

set-back) may not be insisted upon:

Provided that the owner shall provide one exit or exit of refuge area

facing to the said public road.

(2) Non-High rise building category having plot size above 1000 square

metres. shall fulfill the following requirements, namely:

(a) means of access shall be at least 6 metres. wide public road;

(b) atleast two setbacks of 2.5 metres wide;

(c) if the public road of 4.5 meters wideon one side of the plot or

6 metres wide on the rear side of the plot is available, the same will be

considered as relaxation towards open space or setback for the purpose

of emergency evacuation and the above requirement of corresponding

set back may not be insisted upon:

Provided that the owner shall provide one exit or exit of refuge

area facing to the said public road.

(3) In case of High rise clinical establishment i.e. height of 15 metres

and above the following requirements shall be met, namely:

(a) minimum means of access shall be 9 metres for buildings up to

18metres height and 12 metres for building above 18 metres height.

(b) setbacks in all four sides shall be 6 Metres with cumulative

setbacks of 2/3rd of the total set back requirements in either opposite sides.

(4) (a) The parking requirements shall be relaxed to the extent available, on

compounding in case of non-high-rise clinical establishments on payment of

compounding towards deficit in parking.

(b) in case of high rise clinical establishments 75 % of the parking

requirement is to be met.

(c) The deficit in off street parking against the provision of

Planning and Building Standard Regulation of the concerned Development

Authority shall be compounded at the rate as specified in item (a) of sub Para.

(1) of Para. 8 below.

Explanation: (a) The Building norms specified in Table II shall apply to the

clinical establishments.

(b) The restriction of numbers of beds as mentioned in Planning & Building

Standard Regulations with respect to Nursing Homes/ Hospitals/Clinical

Establishments shall be done away with.

(c) The owner shall provide underground Water Tank and Terrace Tank as

per the provisions of National Building Code of India.

10

(d) The owner shall provide all the fire prevention and safety installations

as per the provisions of National Building Code of India and any additional fire

protection measures as recommended by State Fire Service Organization, the

reasons of which shall be recorded in wring.

(e) All these buildings shall require NOC from the DISCOM/Electrical

Inspector prior to regularization.

(f)The fire safety certificate is required as per the provisions of the

Odisha Fire Prevention and Safety Rules, 2017 before regularization.

(g) The set backs mentioned above shall remain free from all obstructions

and open to sky.

(h) Irrespective of the relaxation provided in these recommendations, the

accessibilities of fire engine and fire fighting personnel to different sites and parts

of these buildings shall be assessed by the State Fire Service Organization while

issuing Fire Safety Certificate.

8. Compounding rate. (1) The following charges shall be levied for

compounding of;

(a) parking deficit:

Area

Parking Deficit Charges per Square meter

(in Rupees)

Residential

Non-residential

(1)

(2)

(3)

Municipal Corporation

10,000/-

17,500/-

Municipality

8,000/-

15,000/-

NAC

6,000/-

13,000/-

Rural

5,000/-

10,000/-

(b) Violation in Floor Area Ratio beyond Base Floor Area Ratio:

The rate for violation of Floor Area Ratio is linked to purchasable Floor Area

Ratio which is in turn linked to the Benchmark value and the procedure for

assessment of purchasable Floor Area Ratio shall be as per the notification of

Bhubaneswar Development Authority (Annexure).

(c) Unauthorized buildings:

(i) The charges for deviation within the norms of the Planning and Building

Standards Regulations of the concerned Authority shall be applicable as

per the provision of the said regulation;

(ii) The charges shall be levied for regularization of unauthorized

constructions undertaken beyond compoundable norms of the Planning

11

and Building Standards Regulation of the concerned Authority with

respect to front, side and rear setback as specified in the table below:

Sl no.

Area

Compounding Charges

(1)

(2)

(3)

(a)

Municipal Corporation

1.4 times of the compounding rate as per the

existing

regulations

of

the

respective

Development Authority.

(b)

Municipality

1.3 times of the compounding rate as per the

existing

regulations

of

the

respective

Development Authority.

(c)

NAC

1.2 times of the compounding rate as per the

existing

regulations

of

the

respective

Development Authority.

(d)

Rural Area

1.1 times of the compounding rate as per the

existing regulations of the respective

Development Authority.

(2) In case of regularization of construction undertaken in respect of plot size up

to 100 Square meters with maximum built up area of 150 square meter, a lump sum

compounding fee of INR 20,000 shall be charged.

9. Manner of Payment of fee. (1) The application shall be accompanied by

self-assessed compounding fee as per the rates prescribed and other fee and which shall

be deposited with concerned Development Authority in one installment only in the form

of two separate bank drafts drawn in any nationalized bank payable in their favour.

(2) The differential amount, if any, shall be paid within 30 days from the date of

receipt of intimation from the Development Authority and extra amount deposited by the

applicant, if any, shall be refunded without interest.

(3) Conversion Fees, if applicable, as per sub-section (3) of Section 119 of the Act

shall be paid by the applicant.

(4) The compounding fees and kissam conversion fees so collected under this

Scheme shall be deposited in the Comprehensive Development Plan Infrastructure

Development Fund (CIDF) of the respective Development Authority.

10. Penalties. (1) 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.

(2) 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, New Delhi for cancellation of

the license of the concerned Architect and Director Town Planning for cancellation of

registration in case of technical persons.

12

(3)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.

11. Miscellaneous.(1) The permission to regularize the unauthorized

construction will not confer any right, title and interest over the land or plot.

(2) The unauthorized constructions once regularized under this Scheme shall not

be considered for any regularization in future.

(3) The representatives of concerned Development Authority, Public Health

Engineering Department and the Urban Local Bodies will form a panel to take up random

inspection of the construction on the site.

(4) The Development Authority reserves the right to initiate proceedings against

unauthorized constructions under the Act where the cases cannot be regularized under

this Scheme.

(5) A summary of the unauthorized constructions regularized under the Scheme

shall be published through a public notice as per the provisions of the relevant regulation

of the Development Authority.

(6) In case of any dispute in interpretation of this scheme, the decision of the

State Government is final.

12. Appeal.— Any person aggrieved by the decision of the Development

Authority may prefer appeal under the relevant sections of the Act and the decision of

the Appellate Authority shall be final.

13

Annexure

BHUBANESWAR DEVELOPMENT AUTHORITY

Akash Shova Building, Sachivalaya Marg, Kharavela Nagar,Unit-III

Bhubaneswar

No. 35/Secy/BDA Date 26.12.2016

Planning (R&L) - 196/16

NOTIFICATION

Whereas,The OTDR Rules,2015 have fixed Base FAR at 2.00.Any person who

wants to build beyond the base FAR of 2.00 within the maximum permissible FAR is

required to submit TDR certificate of the equivalent value to the Development Authority

for availing the permission for development beyond Base FAR.

And, whereas, it was decided by Authority in its 132

nd meeting held on 04.04.2016

that for a period of one year, such extra FAR can be made available to applicants on

payment of equivalent charges.

And, whereas, to make provision for availing FAR beyond the Base FAR, several

meetings have been convened with members including Director of Town Planning,

Odisha, Members and officers of BDA and BMC. After threadbare discussion, the

Standard Operating Procedure (SOP) has been prepared for availing Purchasable FAR

beyond the Base FAR.

Accordingly, SOP given in annexure is prescribed for guidance of all officials of

BDA.

By order of Vice-Chairman

sd/-

Secretary

BDA, Bhubaneswar

14

STANDARD OPERATING PROCEDURE FOR AVAILING PURCHASABLE F.A.R.

BEYOND THE BASE F.A.R.

I.BACKGROUND

TDR Rules as of now have fixed Base FAR at 2.00.Anyperson, who wants to build beyond

the Base FAR of 2.00,but within the maximum permissible FAR, is required to submit TDR

certificate of the equivalent value to the Development Authority for availing the permission for

development beyond Base FAR. As TDR market will take time to mature, it was decided by

Authority in its 132

nd meeting held on 04.04.2016 that for a period of one year, such extra FAR

can be made available to applicants on payment of equivalent charges. Therefore, to define a

uniform process for granting of purchasable F.A.R. and calculation of charges towards same;

this Standard Operating Procedure has been prepared.

Basic in formation required for calculation of fees is the Benchmark Value (BM Value) of

the plot on which the project is proposed. On basis of same, charges to be paid will be

calculated. This is so, as valuation of the TDR Certificate itself is linked to the benchmark value.

Charges due will be equal to the value of such TDR certificates which would have been

consumed in the same area to achieve the proposed FAR (Beyond Base FAR). There can be

two scenarios in this respect, i.e.-

(a) If Benchmark Value for all the plots covered in the project is same

(b)If Benchmark Value of plots covered under projectis varied.

II. SCENARIO– A: PROCEDURE FOR CALCULATION OF FEES IF BENCHMARK VALUE

(BMV) IS SAME FOR ALL PLOTS IN A PROJECT:

Step-1: Collect the Benchmark Value- Collect Bench Mark value of the plots covered under

the project as per latest notification of Department of Revenue & Disaster Management

Department.

Step-2: Calculate Value of Unit Area of TDR Certificate-Calculate valuation of unit

area of TDR certificate as per following-

(a) 1 Sq. m of surrendered land Area =

(b) Value of 1 Sq. m of surrendered land

2 Sq. m of TDR certificate

(as per OTDR Rules, 2015)

area

= BM Value of 1 Sq. m of Land of same plot

(c) 2 Sq. m of TDR certificate = BM Value of 1 Sq.m of Land of same plot

15

(d) Therefore, 1 Sq. m of TDR Certificate = BM Value of 1 Sq. m of Land of same plot / 2

*Where BM Value is Benchmark Value

Illustration:

If Benchmark value of the Sending Plot = `2000/Sq. m

Then, cost of TDR Certificate for Unit Area = `2000/2

= `1000

Step-3: Charges for purchasable FAR:

If TDRs are not available, the applicant can make payments in lieu of deposit of TDR

Certificates.

Illustration:

Say, applicant requires 100 Square meter of Built up space (FAR)

beyond Base FAR then payments in lieu of deposit of 100 Sq.m of

TDR certificate will be equal to-

= 100 x TDR Certificate of the same plot from Step-2

= 100 x1000= `1,00,000

III.SCENARIO–B: PROCEDURE OF CALCULATION OF FEES FOR MULTIPLE PLOTS

HAVING VARIABLE BENCHMARK VALUE:

Step-1: Calculation of Average Benchmark Value through Weighted Average Value

As described in the procedure for single plot above, the valuation of unit area in case the

project area encompasses multiple plots with varied Benchmark values, the weighted average

of Benchmark values shall be taken.

Average Benchmark Values of all Plots will be-

VWT = {(P1/A) X V1} + {(P2/A)X V2} + {(P3/A)X V3} + …{(Pn/A)X Vn}

Where, P =Individual Plot Area;

A = Total Project Area;

V=Benchmark Value of the plot

Illustration:

Different areas having various Benchmark Values as given in the Table below:

Sl. No.

Plot Number

Plot Area

(in Sq. m)

Benchmark Value

(per Sq. m)

1

220

120

2500

2

221

150

2200

3

225

90

2300

4

228

240

2000

5

224

160

2700

Total Project Area(A)

760

As per the formula BMV of unit area for the project will be taken as-

BM Valueweighted={(120/760)X2500}+{(150/760)X2200}+{(90/760)X2300}

+{240/760)X2000}+{(160/760)X2700}= 2301

Step 2 and 3 shall be similar to step1 & 2 for single plot. Only the Benchmark value shall be the

weighted average of all Benchmark values across all plots of the site as calculated in Step-

1 above.

Step-2: Valuation of Unit Area of TDR Certificate-

If, Average Benchmark Value of the Sending Plot =Rs.2301/Sq.m

Base FAR=2

Then, Cost of TDR Certificate for Unit Area (1 Square meter)=2301 / 2=Rs.1150.50

Step-3: Payment in terms of TDR certificate for FAR above Base FAR.

Say, applicant requires 570 Sq.m of built-up space (FAR) beyond Base FAR then

payments in lieu of deposit of 570 Sq. m. of TDR certificate will be equal to-

=570 Sq. m X Cost of TDR Certificate for Unit Area from Step-2

=570 Sq. m X 1150.50

=Rs.6,55,785

IV. PROCESS FOR ALLOWING PURCHASABLE FAR:

i.

In Building Plan Applications requiring additional FAR beyond the Base FAR, if TDR

Certificates are not available, then the charges for additional FAR required shall be

calculated as per above.

ii.

Before sanction of Building Plan, fees towards purchasable FAR, will be calculated by the

Planning Officer and the same shall be deposited by the applicant. The charges shall be

deposited in the CIDF account under a separate head" Purchasable FAR Charges”. A

register shall be maintained by the Finance wing of BDA for all deposits made under this

Head.

17

FORM A

[See Para 4(1)]

APPLICATION FOR REGULARISATION OF UNAUTHORISED CONSTRUCTION OF BUILDING WITHIN

DEVELOPMENT PLAN AREA OF ____________________ DEVELOPMENT AUTHORITY

(Form to be filled in by the applicant in block letters)

FOR OFFICE USE

Registration No :

NAME:

Fees realized in Rs. :

PRESENT POSTAL ADDRESS

(i) Scrutiny fee:

(FOR CORRESPONDENCE)

draft No. & date

(ii) Compounding fee:

Draft No. & date:

Tel. No:

To

The Vice-Chairman,

________________ Development Authority,

________________

Sir,

I/We hereby apply for regularization of unauthorized/deviated construction as mentioned

below:

Name of the applicant

:

Applicant’s interest in land with

record-of-rights

: Owner:________

Power of attorney:______

Plot No.

:

Area in Sq. Mtrs.

:

Mouza

:

Nature of Ownership

(Lease hold/Sthitiban)

:

Category of the building

Land use in C.D.P

:

Kisam of the Land

:

Approach road

:

Private: _______

Public:________

Road width

:

Whether connected to

Existing public road

:

Yes: ______

No:______

Distance from A.S.I/State protected Monuments

:

Within 100 Mtrs

:

Upto 300 Mtrs

:

Beyond 300 Mtrs

:

Whether coming within Airport Restriction Zone? If yes,

Height permissible as per colour code zoning map:

Height of the existing building

:

Affix recent photograph

of the applicant with

signature on the body of

the photograph

18

Total deviation in Sq mtrs. (Please refer Form-D)

Parking Deficit

:

FAR deviation

:

Unauthorized construction area

:

Documents/plans furnished

1. Copy of the ownership document

:

2. Copy of the Kisam conversion certificate/

money receipt for conversion, if necessary. :

3. Four Ammonia print copies of plan

as per actual construction site

:

4. Photocopy of the approved plan and

approval letter, if any

:

5. Affidavit (in the Form-B)

:

6. Photographs of the building from two

angles existing at the time of application,

signed by the applicant and attested by the

Architect with date

:

7. Site Inspection Report

:

8. Structural Safety Certificate (in Form-C)

:

from a Structural Engineer in case of

building exceeding two floors/vetting of

Structural Design wherever applicable

:

9. NOC clearances obtained

(i)

Fire Safety Certificate

:

(ii)

NOC from Urban Local Body in respect

of peripheral Infrastructure

Development

:

(iii)

NOC from the Neighbour(Form-E)

:

(iv)

Any other applicable NOC/Clearance :

10. Land use Map of CDP of the Site

:

11. Deposit details:

(i) Fees as per ODA(CAF) Rules 2016:

Amount in Rs.______________________________ __ Draft No.____________________

Drawee Bank/Branch:______________________________________________________

(ii) Compounding fee:

Amount in Rs._______________________________ __ Draft No.___________________

Drawee Bank/Branch:______________________________________________________

Date:

Signature of the Architect/

Signature of the applicant(s)

Technical Person

Place:

Name:

Name:

Regn No.:

Postal address:

Postal address:

Tel No.:

Tel No.:

19

FORM B

[See Para 4(1)(d)]

AFFIDAVIT

(To be sworn by the applicant)

I/We, Shri/Smt._____________________________________________________ aged

_______ years, son/daughter/wife of Shri/kumara/Smt._________________________________

of village __________________________ P.S. ______________________ Dist _______________

do hereby solemnly affirm as follows :

1.

That I/We have obtained a plot/building by way of purchase/lease/gift/family partition/court

decree from ___________________________ of village ______________________________

vide deed No. ______________________ Dt. _____________ the details of which are given in the

schedule below.

SCHEDULE OF PROPERTY

Name of the Mouza/Village

:

Tahasil

:

Sabak/Hal Plot No.

:

Khata No.

:

Area

:

Layout plot (Drawing) No.

:

Approved by _______________ vide letter No. _____________,dated ___________

BOUNDED BY (Please mention plot numbers/road)

Eastern side

:

Western side :

Northern side :

Southern side :

2.

That from the date of acquisition, I/We am/are in lawful and peaceful possession over the above

plot.

3.

That I/we have not constructed the building or any part thereof beyond my/our legally owned land.

4.

That I/We have not encroached any Govt. land or any other land abutting or contiguous to my

aforesaid land.

5.

That the plan submitted for regularization is exactly as per the actual construction at site.

6.

That the information furnished in the application form and documents submitted along with the

application are correct.

7.

That the restrictions imposed in Para. 5(Five) of the scheme are not applicable to this proposal.

8.

That I/We undertake the responsibility of structural safety/vetting of structural design of the

building and _____________Development Authority shall in no way be held accountable for any

structural failure of the building.

9.

That in the event of any suppression and/or misrepresentation of facts in the application , the

Authority has got every right to refuse the permission/revoke the permission and forfeit the

compounding fee deposited by me/us and I/We shall be liable for criminal prosecution.

Identified by :

DEPONENT

20

FORM C

[See Para 4(1)(g)(ii)]

STRUCTURAL SAFETY CERTIFICATE

This is to certify that I/We have checked the structural stability of the existing

_____________storey building constructed over the plot No. _____________ Mouza

________________. The existing construction of the building is structurally safe as per the

provision of the National Building Code of India taking into account the safety factors especially for

cyclone, earthquake and other natural calamities.

Date

:

Signature with seal of Structural Engineer

Place :

Name :

Regn. No.:

Office postal address:

Ph. No.:

Signature of the applicant(s)

Name:

Postal address:

Tel No.:

21

FORM D

[See Para 4(1)(h)]

(No Objection Certificate by the owner of the Neighbour Plot)

AFFIDAVIT

I/We, Shri/Smt.________________________________________________________________

aged ____________ son/daughter/wife of Shri/Smt /Kumari _________________________________

village_______________________ P.O. _______________________ P.S.________________________

Dist____________________________ do hereby solemnly affirm as follows :

That, I/We own a plot of land/building bearing no.__________________ of village / Unit

____________________________P.O._________________________P.S._______________________

on the North/South/East/West side of Plot/House No.______________________________________

village/Scheme _________________________ owned by Shri/Smt. ____________________________

aged ____________ son/daughter/wife of Shri/Smt.________________________________________

village________________________P.O. ________________________P.S. ______________________

Dist____________________________.

That, I/We have no objection for the construction undertaken by Shri/Smt. _________________

_______________________________________ over above plot with nil/zero set back on the

North/South/East/West side of my /our plot/house.

That, this affidavit is required to be produced before the ____________________ Development

Authority for regularization of construction undertaken over above plot by Shri/Smt.______________

____________________________ in village/Unit____________________________________________

under the provisions of Clause_______ of ____________________ Development Authority (P. & B.S.)

Regulations.

That the facts stated above are true to the best of my knowledge and belief.

Identified by :

DEPONENT

22

FORM-E

[See Para 4 (1)(i)]

Compounding Calculation Sheet

A) Parking Deficit:

Sl

No.

Category of

use

Built up

area

Parking

Deficit

Rate

Amount

As per

norms

Approved

Provided

B)

Violation in FAR

Achieved FAR:-

Base FAR:-

Purchasable FAR :-

Amount :-

(Purchasable FAR X land area X ½ the benchmark value of land)

C)

Unauthorised construction area:

(i)

Set-back Violations

Sl

No

.

Category

Actual

construction

Norms of

Regulations

Provisions of

approved plan

Unauthorised construction

area

Rate

Amount

Within

compoundable

norms

Beyond

compounda

ble norms

Within

compoundab

le norms

Beyond

compoun

dable

norms

1.

Front

2.

Rear

3.

Left

4.

Right

Total

(ii) Remaining unauthorised construction area:-

(Total built up area – Approved area - Built up area towards setback violation)

Rate:

Amount:

D) Total compounding fee:- ( A+B+C(i+ii)):- Rs (In Words ..................................)Only

Signature of Technical Person/Architect

Signature of the Owner

[No. 15646–T.P.-Dev.-22/2018/HUD.]

By Order of the Governor

G. MATHI VATHANAN

Commissioner-cum-Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 464-173+50