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.
The response of the official agencies came in response to the query from G Chandrakant, who had sought to know about maintenance of the civic amenities in these so-called gated communities. In response to the question of whether there is any definition of a Gated Community, the BDA response, a copy of which is available with Deccan Herald, said: “There is no such factor derived in By-law”.
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.”
That means the civic agencies can act against any violation of building by-law rules by the developers of gated communities, of many have been reported. But, in effect the civic agencies may have, in many cases, violated their own laws, allowing reputed builders and developers of layouts in ‘encroaching’ on public property for the luxury of a few who can afford to pay.
“The concept of a gated community was never there prior to the 90s. While they may have mushroomed across the City, it never has posed us any sort of a problem, barring a few,” admitted a BBMP official.
The South City complex on Bannerghatta Road is the most prominent a gated community encroaching upon public property. On June 9, 2011, the outer wall of the complex was demolished on allegations of the project encroaching upon a storm-water drain and obstructing pedestrian movement.
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.