In response to a query under the Right to Information , the Bangalore Development Authority and the Bangalore Metropolitan Regional Development Authority (BMRDA) have said that their rules had no provision for a “gated community”. Further, it is also learnt that the local Bruhat Bangalore Mahanagara Palike also does not recognise the concept. The information furnished by the two prominent planning agencies of the City is likely to give a rude shock to hundreds of citizens who believed that they were ‘protected’ from the outside world by building a wall around their luxury homes.
Further in its response, the BDA said such layouts where houses/apartments have been constructed with approval from the Authority cannot claim ownership of the civic amenities within its campus. “It is mandatory and once the developer hands over the ownership to the Government, it becomes public property and general public will be allowed to use it,” responded the BDA. The BMRDA in its response to the same question, echoed the BDA’s response. “It is not defined in the zonal regulations.”
Officers of the BDA believe that the ‘gated communities’ are only formed to provide security to its residents. “While there may not be a legal sanction, reasons of security and protection for its residents drive them to construct a wall around its Layout. We are not bothered by such actions as they do not threaten the common man,” said a BDA officer.
But the Authority would intervene if the complex ‘encroaches’ upon those areas which are defined in the Masterplan 2015, mostly arterial roads, the officer said.
For the full text of the article in the Deccan Herald, click here
So, when a local neta has some personal issues with some of the residents living in a gated community, he can invoke this provision and get at them, like it supposedly happened in L&T South City?
Gated enclaves are not the ideal way housing communities should develop. But, of course, that's not the only thing that's not developing in the ideal way in our blessed country. Perhaps, one day it will all change, and then we can say "hum hain kamyaab"
Muralidhar Rao
Comments
A persisting question
One keeps reading items like this, but one question remains unanswered in my mind.
On one hand, there is a layout where someone buys a plot, say a 60x40 plot and contructs a home. then there are roads and drains and civi ameneties such as parks and playgrounds.
The other case is of an apartment (some of these are quite large nowadays) where residents buy an undivided share of the property and within that property, you have the built up area as well as roads, play areas, parks etc.
Does the definition of a "gated community" encompass the latter? i ask especially because L&T Southcity appeared to be a really large apartment complex to me, but that is cited as an example?
the other generci question is that in the case of a layout, however fancy, what does handing the layout back to the government imply? Some of the fancy and exclusive properties among these layouts depend on good civic ameneties and other stuff like back up power and wll maintained parks and clubs and such to retain their value. What does the government mean when they say the layout is handed back to the government. What is the government's responsiblities once that so called handover is complete. There is an absolute lack of clsarity which is grossly unfair.
'let it happen' - money for later?
Open any newspaper, you will find at least 50 ads for gated communities. If they are not allowed, why does BDA or BMRDA not intervene and either stop those ads, or release a clarification on what is allowed what is not. The response to the RTI, and the quote from "officers of BDA" that "we are not bothered by such actions ..." gives you the feeling that they just let such things (where zoning laws may not be clear) happen. Easy 'money' later?
Instead of encouraging group housing (prefer vertical, horizontal only if they don't hinder zonal plan), they seem to still encourage "plots in a layout" approach, and from what we have seen, with very weak enforcement of zonal regulations.
single entry road
Single entry road to a "gated community" is a good provision for such a community. So the road inside will not become a thoroughfar. Design the layout so that no single straight road across the layout. L&T what happened is they had a road that cuts accross, though the other end was closed by just a compound wall. They can destroy compound wall but not houses. So make design such that there is no straight road which will become alternative to outside roads.
The master plan should be
The master plan should be made more fine grained, defining the roads every 100 meters or so. Why should some people need special security? Mny rich people are also living in BDA layouts, with not much trouble. All should have the same security. These gated communities are obstructing the development of the area by creating obstacles in orderly development. Not only gated communities but also SEZs etc, but that is another matter. If someone needs gated communities, it should be out of the BBMP limits. A single entry road should to any large plot or even a layout should not be allowed. Ther should be at least two roads connecting to a trunk roads before giving them approval. BDA or BBMP also should also show their authority like run the BMTC buses throught the gated communities if they are public amenties. Not only the gated communities but also the lay outs are also violating the laws. There are many large roads through the layouts, which are not being used for public transport. Public roads that are created for these layouts are being shut out. Some roads are barricaded so that only cars can pass on those roads.