3 Answers
Dear client,
Based on your query As per the BDA NOC, the subject plot is partly in Transport Zone and partly in Residential Zone, and construction is permissible only over the residential portion. However, the NOC by itself does not establish that the 2.5 decimals have been surrendered to the Government.
You should obtain a written clarification from BDA as to whether the 2.5 decimals are merely road/transport-affected under the development plan or whether they are required to be formally surrendered/transferred to BDA/Government.
Until such clarification is obtained, do not execute any surrender deed or document. Obtain the approved/marked layout showing the exact affected portion and the legal basis for any proposed surrender. Thereafter, submit the BDA clarification to the Tahasil office and seek processing of the Gharabari application for the permissible residential portion.
If surrender is legally required, we should also verify whether TDR/other statutory compensation or benefit is applicable under the Odisha development-planning rules.
Hope this answer helps!
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OLQ LAW FIRM
Dear Client
Your issue appears to involve two separate matters: land-use zoning by the concerned Development Authority (BDA) and conversion or “Gharabari” proceedings before the Tahasil authorities.
Based on the facts provided, it seems that BDA has issued the No Objection Certificate showing that a part of the land is in the transport/road zone and another part is in the residential zone where constructions are permissible. However, it does not necessarily follow that the land marked road zone has already been transferred to the Government. This would very much depend on the approved development plan, road reservation, acquisition process, etc.
The Tahasil seems to want documentary proof that the concerned portion of the land has been surrendered or acquired for road purposes or otherwise dedicated for public purposes. You should accordingly get a copy of the approved zoning map, extract from the master plan, as well as the notification/order of road reservation from BDA.
If there has been no acquisition or surrender of the land, you can write to the Tahasil to inform them as to the exact document that they want. You can also consult advocate familiar with land and development laws in Orissa.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Client,
The BDA’s NOC only records a land use designation under the Comprehensive Development Plan made under the Odisha Development Authorities Act, 1982. It means a road is proposed over that 2.5 decimals in future. It does not transfer ownership or oblige you to hand the land over. You remain the owner of all 6.5 decimals unless the land is acquired under the Land Acquisition Act, 2013, which requires notice, a hearing and compensation. The Tahsildar is asking something different, namely whether you will surrender that 2.5 decimals free of cost. You are not obliged to, and should not sign anything agreeing to it.
Secondly, apply for gharbari conversion under Section 8A of the Odisha Land Reforms Act, 1965 for the residential portion only, about 4 decimals, and leave the rest in your name. The BDA has already certified construction is permissible there, so there is no basis to refuse. Ask the Tahsildar to put any refusal in writing with the provision he relies on. If he still refuses, the appeal lies to the Sub-Collector, but confirm the forum if the rejection order comes.
Thirdly, ask the BDA in writing whether this is a proposed public road or merely a layout road, as the two differ, and check how long the reservation has stood, since one left for years without acquisition can be challenged.