BHUBANESWAR: The Bhubaneswar Development Authority (BDA) has not complied with certain Real Estate Regulatory Authority (RERA) provisions in one of its new apartment projects in the State Capital, alleged a RERA activist seeking the intervention of the Odisha Real Estate Regulatory Authority (ORERA).
RERA activist Bimalendu Pradhan pointed out that the term ‘super built-up area’ used by the BDA in its notice issued on July 22, 2022, for the project ‘Daya Enclave’ lacks clarity. He claimed that the BDA in its RTI reply to a query in 2019 itself had stated that terms like ‘Super area’ and ‘Super built up area' do not exist in any State law and as per the norms of RERA only ‘Carpet area’ should be used for describing an apartment’s size.
Pradhan also said the BDA in the project brochure has stated that ‘all information on dimension and area are approximate and confirmation of the asset to the same cannot be claimed as a matter of right by allottee’. BDA has also stated that it has the ‘right to alter or modify the layout plan and curtail the area of assets suitably in order to address the exigencies arising out of constructions related issues.’
“This is completely opposite to RERA section 14 (2) (ii) that prohibits the promoter to make any changes without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in the building,” he said.
However, BDA Secretary Kabindra Kumar Sahoo said they have mentioned the carpet area in the advertisement notice and have shared details of the ‘Super built up area’ only as additional information. Besides, he said the agency will also seek the consent of the allottees as required under law for changes to the layout. “There has been no deviation and BDA issued a notice with due compliance to the existing norms,” the BDA secretary said.