COMMENTS

The Karnataka high court on Wednesday directed the authorities to disallow “fresh construction of non-residential nature” in areas classified as residential in the Revised Masterplan 2015. This effectively deals a blow to the mixed-zone concept mooted in the masterplan for residential areas. - - - - On non-residential constructions that have come up with approvals in these areas, the court said it was handicapped as no counter-objections had been filed. At one stage, the chief justice wondered: “Is (the) builders’ lobby controlling the government?” The remark came in response to the government’s argument that an adverse order would affect those who have built non-residential structures under the mixed-zone provision of the Revised Masterplan. The case was posted to February 3 for further orders. - - - - -“There has been steep reduction in the green-belt area from 56% (714 sqkm) in the 1995 plan to 35% (300 sqkm) now. They have done away with zonal planning by permitting mixed use of land... This exercise has been done, ignoring suggestions from BMRDA and BWSSB,’’ the petitioner had said.

For the full report in the ToI, click here

Note posted by Vijayan Menon, member of the team that spearheaded this PIL (Writ WP 3676/2008 filed by Citizen Action Forum and others) in the SaveKoramangala Y-group:

Background to the case:
This is a case going on for over 4 years, on the basic assertion that the Government did not do due process, paid no heed to advice of government appointed committees and even statutory body recommendations in passing the Masterplan 2015.

As a result, the very nature of residential areas of the city became open by law to rampant commercialisation by the introduction of a "mixed zone concept". In fact, practically every street /road in Bangalore was now open to commercial activities of some kind.

It is important to note that the petitioners' mind-set was not anti-development or anti -commercial activities : just that in the governance of the city .For instance, the right interpretation of "mixed zoning" is that within a residential zone there can be specific areas where some kind of commercial activities can happen, just not that it can happen everywhere.

The other important issue to understand is that without the requisite infrastructure in place (water, sewage, roads, public transport), an area cannot and should not be commercialised, leading to a living hell.

This current phase of the PIL happened when we appraised the court that the GOK was actually appraised of the faults within the Masterplan 2015.In late 2009, GOK set up a committee under Dr Ravindra, to examine specifically this commercialisation of residential areas. The report clearly highlighted the issues and took steps to stop the commercialisation. Again GOK took no action on the report and even did not file objections to the court on our interlocutory appraising the court of the Dr Ravindra report.

Note: The petitioners believe the Dr Ravindra's report is in the right direction, but have not agreed to it fully.

A small aside: Somewhere in the court happenings today, The CJ actually asked the counsel for GOK something to the effect of "who ran the government, is it the building lobby?" a telling remark on the state of governance.

As usual, the fight is far from over. It is after all an interim order and even full orders of court are often not implemented!! The merry gang of people fighting this cause have cause for some celebration but are quite aware of the still long road ahead.

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yes we dont need huge store complexs in residential areas...however small convinience stores at the junctions/corners can still be allowed..

I would say they need to close down the likes of jayanagar maiyyas immediately..

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Malleswaram is getting destroyed by the building of commercial spaces in residential areas. It seems like now the whole area is commercial - so even quiet streets like 6th Main are getting all kinds of commercial establishments. These add to the noise and traffic. As usual this is all because the corrupt BBMP wants more money - commercial establishments - and permits to build them etc. - bring in a hell of a lot more money than residential ones.

I hope this HC ruling actually has some effect and that it has not come too late for Malleswaram.

Ramesh

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is the current BDA commssioner also tampering with the period by calling it as 2015-25.

effectively the RCMP 2005 will be final from 2007 and of course  the court is yet considering the 1995 one.

but there is so much happening from contractor lobbies and the demographic change in the city to pro-infrastructure oriented lobby and also the hype etc created by the media and the stakeholders.

JNNURM + or 2 will be as bad or even worse because all these lobbies now feel they have a free run on the city, its roads, flyovers and all for what 

certainly not for the residents / citizens but ........

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One, considering the BMR bill is gathering dust, will GoK atleast get cracking on making BMLTA work with teeth. Lots of balls have been dropping because of this gap in governance. Latest example, multimodal integration has been nobody's child in terms of planning as discovered in Mobilicity 2012

Two, its about time the CDP laid down a real vision for the BMR region. Not stating some macro facts & quickly getting down to road widening presprictions.

Three, now that the CDP is invalid, the malleshwaram sankey road widening which relied on just this fact should now be re-appealed in court. 

Four, Mixed use on roads which take public transport must be encouraged. Not on other roads. Areas in Europe must be studied for really good sustainable planning.

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