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 any
where, 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 atti tudes 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 60 lakhs 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.
Set backs: Set backs are prescribed in the
building byelaws to provide for ventilation in the building, privacy from the
neighbouring 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 set backs to build more area than permitted by B.M.P. as
per byelaws.
Floor Area Ratio: In the Building Byelaws, Floor Area
Ratio (EAR.) 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 utilise 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 set back area; and
utilize the staircase area within the building; to enable letting out first
floor and upper floor of the building ifpossible, 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
are 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 neighbours 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
are 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 ajudicial body as an alternative to
the Standing Committee.
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