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Thursday, 8 May 2014

NON ADHERENCE OF SANCTION PLAN RESTRICTIONS AND SET BACK

(Bangalore property|apartments|flats|lands for sale in Bangalore)

The building bye-laws prescribe for certain set backs on sides of the building to facilitate the people to have proper light, ventilation, privacy and to save them from dust and traffic noise.While framing the building bye-laws, the civic authorities also keep in mind the future land requirements for broadening roads.It is noticed that people violate building bye laws by way of additional floor construction, site set back construction, providing staircase on the site set back are, balcony area to be converted in to living room. 

Land use:
The Zonal Regulations of the Comprehensive Development Plan of Bangalore prescribe e different land use like; residential, commercial, land for civic amenities etc., for systematic development of the locality.  But, it is noticed that the residential buildings situated along the main roads and the roads nearer to commercial area are developed and utilized as commercial property.  Even several industries also do crop up in these localities in gross violation of zonal regulations.Similarly, residential or commercial buildings do crop up in civil amenities sites meant for parks, play grounds, schools, green belt areas etc. 

Sanction plan for additional construction:
It a part of the building is constructed with deviations, the owners of such property hesitate to approach the plan sanctioning authorities whenever they intended to put up further construction on the property for approval of sanction plans for the reason that deviations will be noticed during inspection by these authorities and thereby proceeded to make further construction without the sanction plan.Such people try to develop rapport with the concerned municipal authorities and put up additional constructions without sanction plan. 

The reasons of violation of building byelaws and sanction plans by the people is that most of the land owners/builders want to exploit their land to an optimum extent because the residential and commercial properties do fetch high return.Presently, in Bangalore there is a steep rise in land value say Rs. 5,000/- per Sq.Ft on a average. 

In a large number of cases, deviations and violation take place with the active support of the officials and the local politicians.Only in rare cases when it is brought to the notice of the competent authority of deviations, action would be initiated by the concerned authorities is against which action the land owners knock the doors of the courts and in many such cases courts do grant stay.Thereupon,the building owners do enjoy the property for long period despite violation of the byelaws since it would take long time for the court to dispose of the matter. 

Violation of bylaws deviation of sanction plan, zonal regulations etc. cannot be allowed to be continued for long since it is an unhealthy trend.Therefore, the following suggestions may help in curbing violation of the bye-laws etc.

User friendly byelaws:
The building byelaw and zonal regulations of the comprehensive development Plan should be user friendly and acceptable to the majority of the public.  Further, the byelaws should not consist of too many technical jargons but should be simple to enable the common man to understand and follow.  Byelaw should be suitable to the local conditions failing which there would be violation of such laws. 

Accountability of engineers:
Construction of a building generally takes snot less than a year.  During this time, frequent visit by the concerned area engineer and supervisor to find out whether the construction is according to sanction plan etc., would prevent violations of the regulations by the land owners. Instead of this, the municipal authorities conduct raids after several years of such construction putting the people to a great hardship and embarrassment.  To avoid such a situation, strict enforcement of visit by the concerned engineer must be introduced and if any deviations are noticed later on, the concerned engineer should be made accountable for allowing such deviations and action initiated against him for dereliction of his official duty. 

Imposition of heavy penalty for deviations:
As a onetime relief, for the existing building,all deviation is in building bye law plants, and zonal regulations could be permitted with different slabs of penalty for such violations.The higher the violation, more the penalty.When once user friendly bye laws are introduced, there should be no leniency what so ever and every deviation should be punished with severe penalty. 

The building byelaws need revision whenever there is change in the C.D.P. of the city.  The Committee constituted to prepare the byelaws should comprise of not only the experts in the field but also the different sections of the public so that the matter could get debated from different section of the public so that the matter could get debated from different angles before arriving at a conclusion.Thereupon, the draft byelaws should be circulated amongst the public to solicit the view and suggestions from people of different walks of life.The print and visual media can play a greater role in this regard.A team of technical officials consisting of town, planners architects, and civil engineers can be formed to educate the people on the need for adherence of the byelaws while at the same enlightening the public of the punishment for violations.Similarly, area committees consisting of revered citizens and the representative of the residents’ welfare associations may be constituted to monitor violations. 

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