Residents in Bhubaneswar Protest Against Real Estate Developer for Illegally Occupying Common Areas

In a growing dispute at a prominent real estate project in the Kalinga Nagar area of Bhubaneswar, residents have filed a formal complaint against the developer of their apartment complex as a mark of protest, alleging ‘illegal intrusion’.

According to reports by The Times of India, the complaint was submitted to the deputy commissioner of police-cum-executive magistrate. It reportedly accused the developer of forcibly occupying and altering common areas that legally belong to the registered association of allottees.

The complaint states that on May 23, the developer allegedly entered the premises, demolished a boundary wall and gate, and began creating a road leading to a nearby under-construction project of around 600 units. Residents argued that the particular space was part of their common area, designated for the use of apartment owners, and the 'developer has no legal right over it'. Meanwhile, sources have stated that the apartment complex is the Trident Galaxy.

The Odisha Apartment (Ownership and Management) Act, 2023 mandates that all common areas in an apartment complex must be transferred to the association of allottees. Despite the formation and registration of such an association, residents alleged that the developer has withheld the transfer and is using the common space for commercial benefit. As per the Act, developers are restricted from claiming ownership of common areas once individual apartments are sold. However, residents claim the builder has continued to misuse these spaces and is also ignoring a court-issued stay order that prohibits further construction in the disputed zone.

Earlier this month, residents organised a silent protest demanding the immediate handover of the common areas. The association also highlighted that they had earlier sought police assistance, but were forced to approach the executive magistrate after receiving no response. Following their petition, the executive magistrate issued an interim order preventing both parties from making changes to the common area. The local police have been instructed to ensure the site remains undisturbed.

A hearing has been scheduled for June 10, and the builder has reportedly been asked to explain his actions. This legal battle highlights the ongoing tensions between developers and residents in Bhubaneswar, where the rights of apartment owners are increasingly being challenged by commercial interests.