Building
byelaws are introduced in urban local bodies to prevent indiscriminate building
activity affecting ventilation, aesthetics, traffic problems etc. Later, U.S.
method of zoning regulations were also introduced in Indian cities for land use
control, control of density of population, control of developments around
national monuments etc. If building byelaws and zoning regulations are
followed, our urban areas would provide better living environment.
Most of our
people do not like building byelaws as they feel that they are restrictions for
exploitation of their property to the maximum extent. Commercial uses anywhere,
with no parks and open spaces in their lands, narrow roads, and without
amenities in their layouts etc., is what many of the land owners and investors
like for developing their land. They want freedom for development like it used
to be in olden days. With such attitudes they violate building byelaws and
zoning regulations meant for good living environment.
TYPE OF DEVIATIONS:
High land values: Bangalore being a rapidly growing
large city with about 60lakhs populations at present; has very high land
values. Majority of the land owners/builders therefore want to exploit their
land for more usage and returns. Violators therefore build more area than
permitted by the Mahanagar Palike.
Setbacks: Set backs are prescribed in the
building byelaws to provide for ventilation in the building, privacy from the neighboring
buildings and road, and to be away from the road to avoid dust and traffic noise.
Part of front set back will be useful to the B.M.P. for widening of road due to
increase in traffic volume. Majority of the owners / builders therefore reduce
the setbacks to build more area than permitted by B.M.P. as per byelaws.
Floor Area Ratio: In the Building Byelaws, Floor Area Ratio (FAR.) is prescribed separately for intensely developed area, moderately
developed area, and sparsely developed area. Earlier, EAR used to be high in
more intensely developed central areas in view of land values, and lower EA.R
in the suburbs where land values are less. But the approach since the C.D.P. of
Bangalore, 1984 is to fix less EA.R. in the central area to enable decongestion
and higher EAR in the suburbs to encourage development where the traffic and
other problems are less. But owners and builders ignore the FAR prescriptions
and utilize more FAR in developed area to cash in on high land values.
Staircase: Owners of small sites build
staircase outside the building, in the area meant for setback area; and utilize
the staircase area within the building; to enable letting out first floor and
upper floor of the building if possible, so that separate entrance is
available.
Balcony: Open Balconies sanctioned by the
BMP are converted in most of the cases for extension of the living or bed
rooms. Open balcony area is not considered for F.A.R purpose and such
conversion of balcony areas will increase the floor area used for self or for
sale to get more returns.
Multi-dwelling units: Multi- dwelling units I apartments
are not sanctioned by B.M.P. in case of B.D.A. allotted sites whether new or
very old. The reason being that persons apply to B.D.A. for allotment of site
for building their own house. When such is the case building more than one
dwelling unit defeats the purpose for which the site is allotted. When the
owner wants to build one dwelling unit in each floor for use by his sons I
daughters permission is not considered by BMP.
Land use: Zoning Regulations of the C.D.P. of
Bangalore prescribe land uses like; residential, commercial, public uses etc.
for all the areas covered by the Plan. This sort of restriction on the land use
is imposed by BDA for proper living conditions. Existing residential buildings
are converted to commercial use along main roads, approach roads to localities,
which are nearer to commercial area, nearer to public use I industrial area
etc. Service industries also come up in such areas. Residential buildings are
built in public use zone I park zone I industrial zone etc. Such violations also
take place in other zones and Green Belt etc.
Better Returns: Violations are made to get more
returns. Open areas in bungalows in the central areas are converted in to
shadhi mahals I Kalyana mantaps, halls for reduction sale etc. Such conversions
are observed on Infantry Road, Bowring Hospital Road etc. Acute parking and
traffic problems are observed at these buildings. Many of factory buildings in
the West of Chord Road industrial area which were incurring losses are
converted into kalyana mantaps and as a result the service roads and other
roads where such buildings are located are experiencing traffic problems.
Road Margins: Road margins are prescribed in the
C.D.P. for congested roads to enable widening at a later date. Majority of the
owners of sites encroach on road margins enforced by B.M.P. It becomes very
difficult to widen the roads at a later stage to ease traffic problems.
Overheads: Some owners of properties are not
willing to pay the overheads demanded by officials for sanction of building
plans. They take up constructions without obtaining sanctions. Such
constructions are mostly not in conformity with the byelaws.
Further Sanctions: If a sanctioned building is
constructed with deviations, the applicants hesitate to approach B.M.P. for
sanction for additional construction. In such cases when they come to know that
deviations will be identified during inspections by officials, they do not make
application or advised by the concerned not to do so for further sanctions.
They will have the blessing of the area officials without sanctions for
additional constructions.
Collusion of concerned: Deviations in considerable number
of buildings take place in collusion with area officials and politicians. Only
when neighbors complain; notice is served by some officials for deviations with
wrong advice in many cases to obtain stay orders from the courts. The matter is
not pursued later and the applicants utilize the deviated constructions as they
want.
Standing Committee for Appeals: The Standing Committee for Appeals
blatantly issue stay orders against any legal action on identified deviated
portions of buildings both residential and commercial as per the statement of
the Urban Development Secretary to the Press on 14.08.2003. Number of buildings
is built liberally violating buildings sanctions / byelaws with the confidence
that they will approach Standing Corrunittee and forget any actions by the Mahanagar
Palike. It was stated by the Urban Development Secretary that the Act is
proposed to be amended to put in place a judicial body as an alternative to the
Standing Committee.
According to
a press report dtd. 05.09.2003, the State Government amended Rules under KMC
ACT 1976 and issued circulars to the city Corporation Commissioner that appeals
against building demonization order will now come under the purview of the KAT
in Bangalore and District Courts concerned in other corporation area. All
appeals pending with the BMP standing corrunittee on appeal will be transferred
to the KAT.
B) SUGGESTIONS
After
identifying the various types of deviations and the reasons for the same, some
practical suggestions are made to reduce the number of violations.
a) User
friendly byelaws: Building byelaws and zoning regulations of the C.D.P. should
be user friendly and acceptable to the public as far as possible. Adopting
byelaws not suitable to the local conditions is not good. Byelaws should not be
highly technical and should have simple terms so that a common man could easily
understand and follow. I boldly say that some of the provisions are not
understood / properly interpreted by even architects and civil engineers.
b) Committee to prepare byelaws: The corrunittee to prepare byelaws should comprise of not
only technicians but various sections of the public affected by the byelaws.
c) Publicity
to draft byelaws: The draft byelaws should be given wide publicity. The media
should be involved and comments / suggestions invited. Locality-wise public
meetings should be held involving residents welfare associations and their
views on the byelaws noted.
d)
Periodical revision of byelaws: The byelaws should be revised whenever there is
change in the C.D.P. of the city for mutual conformity of the zoning
regulations and building byelaws. The 1984 Buildings Byelaws are not yet
revised by the B.M.P. Only draft byelaws are now being finalized based on the
C.D.P. 1995. Such delays by B.M.P. will have to be avoided.
e) Easier and
Quicker sanctions: The building plans should be sanctioned quickly without
harassment. A panel of technical officials with town planner, architect, and
civil engineer be formed in the B.M.P. to guide and convince the applicants
about the good effects of byelaws for ventilations, avoiding traffic problems
etc. This panel should also co-ordinate with the concerned sections in the
B.M.P. to sanction without delay.
STRICT ENFORCEMENT
In spite of
all the procedure to have a user friendly building byelaws and simpler
procedure for easier and quicker sanctions, if property owners deliberately
violate from sanctioned plans or build without sanction the punishment should
be severe including imprisonment for severe violations as provided in the Karnataka
Town and Country Planning Act, 1961 enforced by B.D.A for Bangalore.Strict
enforcement is necessary to curb violations in building constructions.The
following are suggested for reporting of violations and to initiate action in
such cases.
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