We all love our “native”. As we are ravaged by urbanisation, for many of us, our originial homes dont feel like homes any longer. This post is about the case of the home of Old Bangaloreans – Basavanagudi.
Many a time we do not take up the task of protecting our home. We feign helplessness and cite ‘modernity’ as the reason. The fact is we are losing our cities to illegality, not modernity. This is a case of one such illegality. It especially merits attention for the perpetrator of the illegality is not merely a greedy citizen or a rowdy element, but a government bank, who seems as insensitive to the law as it is to the local citizenry.
This is the case of Bank of Baroda, who intends to occupy No. 33, Police Station Road, Basavanagudi, Bangalore-560004. As per the sanctioned plan of the building No.L.P.434/ 2008-09
1. The Building is meant exclusively for RESIDENTIAL use and is in are area earmarked as residential by the BBMP (Bangalore’s Municipal Authority).
2. Bank of Baroda intends to occupy the stilt floor which is meant to be used ONLY for parking purpose and MUST be left open. The using of this floor for any purpose other than parking is PROHIBITED by law.
3. The building contains an illegal basement (not sanctioned) and hence far exceeds the maximum permissible FAR sanctioned by law.
4. Building bye-laws have been flouted on all sides of the building and necessary set-back has not been provided.
5. As shown in the picture, Absolutely NO PARKING space has been provided in the building which is both illegal and causes great inconvenience to the residents of the neighbourhood
Given the situation, the BBMP issued a notice to the owner which said the below:
BBMP Notice [original copy below]
The Building has been sanctioned ONLY for residential use, vide sanction no. LP 494/08-09 dated 6.5.2008
1) The building is built in violation of the rules and bye-laws of BBMP
2) Basement floor of 128.26 sq. m is built illegally (as the same has not been sanctioned in the approved plan)
3) There is no approach for the stilt floor for entry and exit of vehicles
4) The illegally constructed basement floor has been rented out for commercial purpose and the stilt floor is also being rented out for commercial activity
5) The balconies with width of 0.6m in the East, 0.90m in the West and length of 5.5m has been constructed in violation of building bye-laws
Additionally the The Honorable High Court of Karnataka (Justice Vikramjit Sen, CJI & BV Nagarathna) has passed an Order in WP 3676/2008 on 25/01/2012 directing BBMP not to sanction any buildings for commercial purpose and also to recall all commercial sanction plan in residential areas sanctioned after 25/01/2012.
This notice and the Hon. High Court of Karnataka Order was shared with the Bank of Baroda authorities, from the Chairman down to the GM – Estate to the local Regional Manager. Yet, they chose not to act.
If we allow such blatant illegalities to go unchallenged, we will lose the little that we have left of Bangalore, and this is indeed true of most cities in India.
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Comments
About WP 3676/2008, paging @vmenon
Referring from this comment from Murali on a discusion relevant to this petition 3676/2008, here is a quote from newspaper coverage (TOI) of the case:
From what I understand of the situation you have mentioned, seems like they are looking to occupy an existing residential building for commercial purposes. The court direction was concerning "fresh construction".
But, what you describe otherwise - illegal basement, violation of bye laws, building sanctioned for residential use but "now" being used for non-residential purpose - these are far too common.
Wonder if there are companies around that take a strict view on this and check after and respect all the building laws before taking leases. I am guessing no, and perhaps Bank of Baroda is not the only one 'ignoring' BBMP norms if they are in this case.
we cannot and should not accept violations
@Silkboard - thanks for your thoughts and sharing the relevant info , we are aware of the high court ruling. But would like to express my concern over the 'chaltha hai' attitude that we have got used to now... Saying everyone does it, it is common does not make illegal activities legal right? and at some point we need to wake up and draw the line, else we will have nothing but a messed up city left for our future generations.
Regards,
Sups & Adi
Illegal constructions in smaller sites as apartments/ flats
sir
Very huge violations are done constructing 4 to 5 floors in smaller sites causing great obstruction of natural air and sunlight.Not only this -- traffic jams water,and sewrage problems. and the roads are so narrow how these constructions are allowed by BBMP Are their engineers blindly approve plans? .No inspection is done?
When will our Govt/ BBMP wakeup? even the courts have observed this gross negligence.Uniterrupted construction activity is going on.
Bangalore will be a dead city shortly facing shotrage of basic infrastucture
Who can stop this ugly growth. only govt/ burocrats efforts to be made to devolope smaller places/dist places etc.
nothing to beat this
nothing to beat this
Are we fighting a losing battle??
@ Mr. Rao in this case the situation has been a lil different where the government has issued a notice.. but the below is what happened!
Citizen wake up to illegal building occupation, inform concerned government authorities and prospective tenants. Concerned government authorities issue notice to demolish(a qualified engineer inspector who did an inspection). The owner goes to court for a stay.Interestingly, the court gives a stay. What is the basis. You can imagine how demotivating it is for the government official who diligently did his job. Bank of Baroda (the tenant) a Public sector bank who has been time and again informed on the illegalities of the building has gone ahead occupying.
A classic example of gross irresponsibility demonstrated by both the judicial system and a public sector bank!
Regards,
Sups & Adi
try LokAyukta, or BMTF
Why don't you try complaining with LokAyukta (governance issues come under their purview too), or the BMTF?
Yes, Lokayukta
I think you should call Lokayukta. Call 155320 from BSNL landline, 18004255320 toll free from mobile phone, or 080-22375014
Do let us know after you call them - did they take your complaint? any tracking number given? any dates given for action? etc.