Bhubaneswar: Supreme Court has clarified that no coercive action should be taken for now against commercial establishments functioning in areas that are not clearly earmarked as either residential or commercial, providing much-needed relief to thousands of small traders operating from mixed-use zones in the city.The clarification, contained in the apex court’s Sept 22 order in the Loganathan case, comes at a time when concerns over sealing of commercial establishments have spread across the state capital following intensified scrutiny of land-use violations coupled with unauthorised constructions.The court directed the civic authorities to prioritise action in areas specifically shown as residential and ensure that no commercial activity takes place there. “If commercial activity is found in such exclusively residential zones, the premises are liable to be sealed in the first instance,” the order reads.However, the court drew a distinction for areas where land use is not clearly specified. “In areas which are not clearly specified for any particular use, such as commercial or residential use, the question of mixed use may also require consideration. For the time being, the status quo shall not be disturbed,” the order stated.While business owners operating from areas clearly designated for residential use such as portions of Saheed Nagar, Bapuji Nagar, IRC Village, VIP Colony and Khandagiri remain apprehensive, traders in areas without a clear land-use classification are likely to benefit from the court’s interim protection, experts said.“Many neighbourhoods in the city have functioned as mixed-use areas for years. Residents depend on local grocery stores, pharmacies, clinics and service providers located within or adjacent to residential pockets. The apex court appears to have acknowledged that a blanket sealing approach may not be practical,” said real estate expert Bimalendu Pradhan.Another planning expert, Dipu Nanda, said the order could provide authorities with time to carry out a scientific assessment of land use before initiating enforcement. “The court has not legalised violations, but it has asked authorities to differentiate between residential zones and commercial areas,” the expert said.At the same time, the order offers no protection to unauthorised constructions. The court clarified that wholly illegal structures constructed without approval, or buildings that substantially deviate from sanctioned plans, would continue to face action in accordance with law. “We will be abiding by the court’s order,” said mayor Sulochana Das.The latest order comes amid heightened enforcement activity and growing anxiety among traders across Bhubaneswar over possible sealing drives. Residents’ welfare groups have repeatedly raised concerns about commercialisation of residential neighbourhoods, while traders’ associations have argued that many small establishments provide essential services.
